SUBCHAPTER 3D ‑ ENFORCEMENT SECTION

 

SECTION .0100 ‑ GENERAL INFORMATION

 

19A NCAC 03D .0101      PURPOSE

This Subchapter establishes rules for and provides information on the following:

(1)           motor vehicle dealer sales, distributor and factory representative license;

(2)           motor vehicle thefts;

(3)           mechanics and storage lien;

(4)           notice of sale;

(5)           safety inspection of motor vehicles;

(6)           licensing of safety inspection stations;

(7)           enforcement of weight regulations; and

(8)           approval of motor vehicle safety equipment.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑45; 20‑49 through 20‑50; 20‑52.1; 20‑57; 20‑64(a); 20‑68; 20‑72 through 20‑79.1; 20‑82 through 20‑83; 20‑84.2; 20‑85 through 20‑86; 20‑86.1; 20‑87 through 20‑88; 20‑88.1; 20‑91.1; 20‑96; 20‑99; 20‑103 through 20‑104; 20‑114; 20‑116; 20‑117.1; 20‑118; 20‑118.1; 20‑122 through 20‑135.3; 20‑183.2 through 20‑183.12; 20‑308; 20‑347; 44A‑1 through 44A‑4; 54‑4; 55‑131; 66‑68; 105‑449.52; 153‑9; 160A‑303;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0102      FORMS AND PUBLICATIONS

All forms and publications pertaining to this Subchapter are on file in the Office of the Commissioner of Motor Vehicles and are available for inspection during normal working hours.

 

History Note:        Authority G.S. 20‑1;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; February 1, 1982; April 11, 1980.

 

19A NCAC 03D .0103      LICENSE FEES

19A NCAC 03D .0104      DESCRIPTION OF LICENSE

19A NCAC 03D .0105      CHANGE OF EMPLOYMENT

19A NCAC 03D .0106      RECORDS

19A NCAC 03D .0107      HEARINGS PURSUANT TO ARTICLE 12

19A NCAC 03D .0108      RULES AND REGULATIONS

19A NCAC 03D .0109      FORMS

 

History Note:        Authority G.S.20‑1; 20‑52.1; 20‑75; 20‑79(a),(b); 20‑82; 20‑286(6),(15); 20‑289;

20‑290(a); 20‑291; 20‑302; 20‑303; 20‑347; 143‑350(g);

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. February 1, 1982.

 

SECTION .0200 ‑ MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE

 

19A NCAC 03D .0201      REQUIREMENT FOR LICENSE

 

History Note:        Authority G.S. 20‑1; 20‑52.1; 20‑75; 20‑79; 20‑82; 20‑286(6) and (15); 20‑287; 20‑288; 20‑290(a); 20‑291; 20‑294 through 20‑296; 20‑301 through 20‑305; 20‑305.1 through 20‑305.3; 54‑4; 55‑131; 66‑68; 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. March 1, 1982; April 11, 1980;

Repealed Eff. June 1, 1988.

 

19A NCAC 03D .0202      DEALER AND MANUFACTURERS' PLATES AND TEMPORARY MARKERS

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑57; 20‑68; 20‑79; 20‑79.1;

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. March 1, 1982.

 

19A NCAC 03D .0203      LICENSE FEES

19A NCAC 03D .0204      DESCRIPTION OF LICENSE

19A NCAC 03D .0205      CHANGE OF EMPLOYMENT

19A NCAC 03D .0206      RECORDS

19A NCAC 03D .0207      HEARINGS PURSUANT TO ARTICLE 12

19A NCAC 03D .0208      ILLEGAL USE OF DEALER PLATES

19A NCAC 03D .0209      DEALER PLATES LOST OR STOLEN

19A NCAC 03D .0210      CONDITIONS FOR ISSUING TEMPORARY MARKERS BY A DEALER

19A NCAC 03D .0211      ISSUANCE OF TEMPORARY MARKER RECEIPTS

19A NCAC 03D .0212      DEALER'S DELIVERY OF PURCHASER'S APPLICATION REGISTRATION

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑52.1; 20‑68; 20‑68(a); 20‑75; 20‑79; 20‑79(a)(b); 20‑79.1; 20‑82; 20‑85(5); 20‑87(7); 20‑286(6)(15); 20‑289; 20‑290(a); 20‑291; 20‑294 through 20‑296; 20‑297; 20‑301 through 20‑305; 20‑305.1 through 20‑305.3; 20‑347;

Eff. March 1, 1982;

Amended Eff. August 1, 1984;

Repealed Eff. June 1, 1988.

 

19A NCAC 03D .0213      RENEWAL OF DEALER PLATES

 

History Note:        Authority G.S. 20‑39; 20‑66; 20‑79;

Eff. August 1, 1982;

Repealed Eff. June 1, 1988.

 

19A NCAC 03D .0214      CORP. SURETY BONDS: MOBILE/MANUFACTURED HOME DEALERS

 

History Note:        Authority G.S. 20‑39; 20‑288(e);

Eff. December 1, 1982;

Repealed Eff. June 1, 1988.

 

19A NCAC 03D .0215      ELIGIBILITY FOR LICENSING

Any person, firm or corporation who upon proper application meets the qualifications and requirements set out in Article 12 of Chapter 20 of the North Carolina General Statutes, G.S. 20-79 and rules contained in Title 19A, Subchapter 3D, Section .0200 shall be eligible for issuance of a dealer license.

 

History Note:        Authority G.S. 20‑1; 20‑302;

Eff. June 1, 1988;

Amended Eff. January 1, 1994.

 

19A NCAC 03D .0216      DEFINITIONS

(a)  Statutory Definitions:  Definitions for words and phrases used in this Section and not defined in subsection (b) shall be the same as the definitions appearing in G.S. 20‑286 and G.S. 20‑4.01.

(b)  Administrative Definitions:  The following words and phrases shall have the meanings listed below when used in this Section:

(1)           "Established Salesroom" ‑ A salesroom containing at least 96 square feet of floor space in a permanently enclosed building or structure which is separate and apart from any living quarters, residence or other business and having a separate entrance; where any vehicles displayed are separate and apart from vehicles of any other dealer; having displayed thereon or immediately adjacent thereto a sign, in block letters of not less than 3 inches in height on a contrasting background, clearly and distinctly designating the trade name of the business at which a permanent business of bartering, trading and selling of motor vehicles will be carried on as such in good faith and at which place of business shall be kept and maintained the books, records, and files the Division requires as necessary to conduct the business at such location.  A building is not considered permanent if it has wheels.  In order for a manufactured home to be considered a permanent enclosed building, it must be underpinned and wheels removed.  Provided, however, the minimum area requirement provided for in this Paragraph is not applicable to any established place of business lawfully in existence and duly licensed on or before January 1, 1978.

(2)           "Established Office" (Wholesaler) ‑ An office containing at least 96 square feet of floor space in a permanently enclosed building or structure which is accessible to Division personnel and is where required books, records and files are kept.

(3)           "Suspension" ‑ The temporary withdrawal of a license issued by the Division of Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative for a definite period.

(4)           "Revocation" ‑ The termination of a license issued by the Division of Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative.

(5)           "Automobile" ‑ Any passenger car or station wagon.

 

History Note:        Filed as a Temporary Amendment Eff. February 9, 1989 for a Period of 180 Days to Expire on August 8, 1989;

Authority G.S. 20‑1; 20‑302;

Eff. June 1, 1988;

Temporary Amendment Expired Eff. August 8, 1989;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0217      APPLICATION FOR LICENSE

(a)  Applications for all licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law shall be made on forms furnished by the Division and signed by the Owner, partner or proper officer of a corporation and filed with the Enforcement Section, N. C. Division of Motor Vehicles; Raleigh, North Carolina 27697, accompanied by the necessary fees; provided, the Division shall not issue a motor vehicle dealer license to a new motor vehicle dealer unless or until the applicant has satisfied the Division that a distributor or manufacturer has awarded the applicant a franchise to sell new motor vehicles in the relevant market area for which a license is sought.

(b)  The application and annual renewal of license to do business as a manufacturer, factory branch, distributor, distributor branch, wholesaler or dealer, must be signed by the owner, partner or an officer of the corporation.  The application for license as a motor vehicle sales representative, distributor or factory representative must be certified by the owner, partner, or an officer of the corporation.

(c)  Application for all licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law must accurately describe the physical location of the business such as:  street number, street name, city, state and zip code.  If a post office box or rural route is used, the above information must also be included.  It is not permissible to have a mailing address different from the actual location of the business.  Wholesale applicants must supply the Division with a telephone number at which such business may be contacted by a representative of the Division concerning records and sales transactions.

(d)  Each applicant prior to being approved for license as a motor vehicle dealer, manufacturer, distributor, distributor branch, wholesaler or factory branch shall furnish a corporate surety bond, cash bond or fixed value equivalent thereof as required by G.S. 20-288(e).  This bond shall remain in force and effect so long as the licensee remains in business.  When a cash bond or equivalent thereof is filed with the Division, same shall remain in effect for a period of four years after termination of business.  The name and address appearing on the bond must be exactly as shown on the application.

(e)  The Division must have evidence of an assumed name being filed with the Register of Deeds in the county in North Carolina where the business is maintained when such business is operated under any designation, name or style other than the real name of the owner or owners thereof or under its corporate name.  After this filing when there is a change of name or ownership, evidence of this change being filed with the Register of Deeds shall be furnished to the Division of Motor Vehicles.

(f)  A foreign corporation must procure a certificate of authority from the North Carolina Secretary of State before being licensed to operate in this State under the Motor Vehicle Dealers and Manufacturers Licensing Law, and provide written proof of same to the Division.

(g)  Before a North Carolina corporation can be licensed under the Motor Vehicle Dealer and Manufacturers Licensing Law, articles of incorporation must have been filed with the North Carolina Secretary of State, and written proof of same provided to the Division.

(h)  Before the Division shall issue licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the established salesroom or established office shall be in compliance with all state, county and municipal zoning ordinances or regulations, and written proof of same provided to the Division.

(i)  Prior to issuance of licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the applicant must purchase all required state and local "Traders" licenses, and provide written proof of same to the Division.

(j)  License fees for each fiscal year, or part thereof, shall be as provided under G.S. 20‑289; provided no license shall be issued until the fees for license required by G.S. 20‑87(7) have been paid to the Division.

(k)  Upon receipt of application for any license required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the Commissioner shall cause an investigation to be made to determine whether the applicant meets the requirements of law for licensing as a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler, motor vehicle sales representative, factory representative or distributor branch representative, and this shall include the inspection of the proposed location, applications and other required documents by an agent of the Enforcement Section.

(l)  When an applicant for a license under this Section is approved, based upon the application and the results of investigation made, the applicant will be issued license subject to the following limitations:

(1)           A license issued under the Motor Vehicle Dealers and Manufacturers Licensing Law shall be valid until suspended, revoked or expired.  The license must be at all times conspicuously displayed at the place designated by the Division.

(2)           Any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler who moves his place of business from the location for which license was issued shall immediately notify the Enforcement Section, North Carolina Division of Motor Vehicles, of such change of location and shall not engage in the business of buying, selling, trading or manufacturing motor vehicles until the new location has been inspected and approved by an agent of the Division and the necessary form and additional fees, if any, have been submitted to the Division.

(3)           A license issued pursuant to Article 12 of Chapter 20 of the General Statutes shall not be assignable and shall be valid only for the owner, or owners in whose name or names it is issued and for transaction of business only at place designated therein.  If an individual, partnership or proprietor­ship should incorporate, new fees are due.

(4)           The Division shall be notified when there is a change of name and the licensee shall produce evidence that a bond as required by G.S. 20‑288(e) is in effect.

(m)  The Commissioner shall deny the application for any license under the Motor Vehicle Dealers and Manufacturers Licensing Law of any applicant who fails to meet the qualifications set out in Article 12 of Chapter 20 of the North Carolina General Statutes.  Upon denial, applicant:

(1)           Shall be notified by certified mail within 30 days from denial of license, directed to the address shown by applicant on application form.

(2)           Upon request, shall be afforded a hearing by the Commissioner of Motor Vehicles as required under provisions of G.S. 20‑295.

(n)  Every motor vehicle sales representative who engages in business in this State as such must obtain a license.  Applicants for a motor vehicle sales representative's license shall be subject to the following provisions:

(1)           A sales representative, factory representative, or distributor representative, must be employed by a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler.

(2)           All applications for sales representative, factory representative, and distributor representative licenses must be made on forms furnished by the Division.  Each application must be signed by the applicant and endorsed by the employer or employers.

(3)           All sales representative, factory representative, and distributor representative licenses shall be valid until suspended, revoked, or expiration, or until employment as a sales representative, factory representative for which it is issued is terminated.

(4)           All sales representatives, factory representatives, and distributor representatives shall at the time of changing employment return his license and make application to the Division on forms furnished by the Division designating the name and address of the new employer and must be signed by the applicant and endorsed by the employer or employers.

 

History Note:        Authority G.S. 20‑1; 20‑52.1; 20‑75; 20‑79; 20‑82; 20‑286(6) and (15); 20‑287; 20‑288; 20‑290(a); 20‑291; 20‑294 through 20‑296; 20‑301 through 20‑305; 20‑305.1 through 20‑305.3; 66‑68;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; September 1, 1991.

 

19A NCAC 03D .0218      DESCRIPTION OF LICENSE

(a)  Every license issued to a dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler must show the name of the business, location, license number and expiration of license.

(b)  Every license issued to a sales, factory or distributor representative must show his name and address, name of his employer and expiration date.

(c)  Every motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler shall, on or before the 30th day of June in any calendar year, apply for and obtain, upon payment of proper fees, the license and number plates required by G.S. 20‑79.

 

History Note:        Authority G.S. 20‑1; 20‑79; 20‑290(a); 20‑291; 20-302;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991.

 

19A NCAC 03D .0219      BUSINESS RECORDS

(a)  All motor vehicle dealers, manufacturers, factory branches, distributors, distributor branches and wholesalers shall keep a record for at least four years of all vehicles manufactured, received, sold, traded or junked.  In addition a copy of any disclosure required by G.S. 20-71.4 received or given by the dealer must be retained for four years.  An odometer disclosure form shall be retained for a period of five years as required by G.S. 20‑347.1.

(b)  All motor vehicle dealers, manufacturers, factory branches, distributor branches and wholesalers shall keep for a period of four years the following additional records for each vehicle and mobile/modular home manufactured, received, sold, traded or junked:

(1)           Make, body style, vehicle identification number, and year model.

(2)           Name of person, firm or corporation from whom acquired.

(3)           Date vehicle purchased or manufactured.

(4)           Name of person, firm or corporation to whom sold or traded.  If vehicle junked, date, name and address of person, firm or corporation to whom frame, motor and body sold.

(5)           Date vehicle sold or traded.

(6)           Copy of bill of sale (written statement).

(7)           The North Carolina oversize single trip or annual permit number authorizing movement of the mobile/modular unit, serial number or vehicle identification number of the mobile/modular unit, the date of move, transporter, and name and address of purchaser.

(c)  All records required to be maintained in Paragraphs (a) and (b) shall be kept and maintained for every vehicle purchased or sold and shall be kept so as to be readily available for inspection upon demand from an authorized agent of the North Carolina Division of Motor Vehicles in order that the ownership of any vehicle purchased or sold can be traced.

(d)  Manufacturer's Certificates of Origin and title for all vehicles owned by a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler must be immediately available to assign to the purchaser.

(e)  Retail installment sales must be made in accordance with G.S. 20‑303.  Cash sales may be made by proper endorsement and delivery of the title to the purchaser and any other receipt that the purchaser and seller agree upon.

(f)  Pursuant to 16 CFR 455.2 a dealer shall not willfully remove the "Monroney Label" or sticker from a new automobile that is displayed for sale.  The "Monroney Label" must be affixed to the new automobile at the time of sale to the ultimate purchaser.  "Ultimate Purchaser" means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases a new automobile for purposes other than a resale.

(g)  Pursuant to 15 USC Sec. 1231 every dealer offering used cars for sale shall post buyers guides with warranty information as required by the Federal Trade Commission and same shall be displayed at the time of sale.

 

History Note:        Authority G.S. 20‑1; 20‑52; 20-71.4; 20‑75; 20‑79(a) and (b); 20‑82; 20‑286(6) and (15); 20‑297; 20‑302; 20‑303; 20‑347;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989;

Filed as a Temporary Rule Eff. October 1, 2000;

Amended Eff. August 1, 2002;

 

19A NCAC 03D .0220      INSPECTION AND INVESTIGATION

(a)  The Division may make periodic inspections of premises and records of licensee.

(b)  All bona fide complaints received in writing by the Commissioner about any person, firm or corporation licensed under Article 12 of Chapter 20 shall be investigated for the purpose of determining whether there has been a violation of that Article, Article 15 or these rules.

(c)  The Division shall also conduct an investigation when it has reasonable grounds to believe there has been a violation of Chapter 20 or these rules.

 

History Note:        Authority G.S. 20‑1; 20‑49; 20‑297; 20‑302;

Eff. June 1, 1988.

 

19A NCAC 03D .0221      CONDITIONS FOR ISSUING TEMPORARY MARKERS BY A DEALER

(a)  Before a temporary marker can be issued by a dealer the following conditions must be met:

(1)           Ownership in the vehicle must pass from the dealer to the purchaser by assigning the title or Manufacturer's Certificate of Origin and by delivering the vehicle to the buyer.

(2)           Dealer has obtained from purchaser an application for registering and titling of the purchased vehicle.

(3)           Dealer has collected all prescribed fees for titling and registering the vehicle.

(4)           Dealer has certification (Form FR‑2) certifying liability insurance in effect.

(5)           Exception.  Subparagraphs (a)(2) and (3) of this Rule do not apply when the dealer is selling the vehicle to an out‑of‑state purchaser and the vehicle is to be removed from the State of North Carolina to the purchaser's home state prior to the expiration of the 30‑day temporary registration marker.  Form FR‑2 (Insurance Certification) shall be completed and kept by the dealer as part of his records.

(b)  Procedure for issuance of 30‑day temporary markers:

(1)           All 30‑day temporary markers shall be issued in numerical order, beginning with the lowest number of the set or sets.

(2)           The vehicle identification number, the make, the issuance date, and the expiration date shall be entered clearly and indelibly on the face of the temporary marker.

(3)           A receipt, which corresponds in number with the 30‑day temporary marker, shall be issued.

(4)           The receipt shall be completed in duplicate, with pen and ink, and must be legible.

(5)           The white copy of the receipt, with the 30‑day marker, shall be delivered to the purchaser.  The pink copy is to be retained in the book by the issuing dealer for at least one year.

(6)           All documents necessary to title and register the vehicle shall be presented to a license plate agency or mailed to the North Carolina Division of Motor Vehicles within four working days from date of issuance.  When the purchaser is a nonresident, a 30‑day temporary marker may be issued to the nonresident for the sole purpose of removing the vehicle to his home state, provided the customer has in effect liability insurance with a company licensed in North Carolina.  The dealer is neither required to obtain from such nonresident a written application for North Carolina registration nor to collect the North Carolina registration fees.  However, Form FR‑2 shall be completed and kept by the dealer as part of his records.  If a plate is to be transferred, a 30‑day temporary marker cannot be issued.  All required information shall be recorded on the report sheet in the back of receipt book.

(7)           All 30‑day temporary markers and receipts that are voided shall be marked "void" and recorded on the report sheet.  The white copy of the receipt and the 30‑day temporary marker shall be forwarded to the North Carolina Division of Motor Vehicles Enforcement Section together with the report sheets.  Receipts and 30‑day temporary markers that do not match shall be returned to the Division after recording on report sheet. The receipt is not to be altered.

(8)           Only one 30‑day temporary marker may be issued per vehicle per sale.

(9)           Upon issuance of all receipts (Markers) in each receipt book, the report sheet must be completed in duplicate and the original mailed to the Division.  A copy of the report sheet must be retained by the Dealer for one year.

(10)         All 30‑day temporary markers are non‑transferable between dealers.

 

History Note:        Authority G.S. 20‑39; 20‑79.1;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0222      DEALER'S DELIVERY/PURCHASER'S APPL: REGISTRATION

 

History Note:        Authority G.S. 20‑39; 20‑79.1;

Eff. June 1, 1988;

Repealed Eff. October 1, 1989.

 

19A NCAC 03D .0223      DEALER PLATES

Application for dealer plates must be signed by owner, partner or officer of the corporation.  Lost or stolen dealer plates must be reported to the Division of Motor Vehicles in writing.  Application to replace such plates must be completed on the appropriate form, signed and submitted with the fee required by G.S. 20-85(5) to the Division of Motor Vehicles.

 

History Note:        Authority G.S. 20‑39; 20‑68; 20‑85(5);

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991.

 

19A NCAC 03D .0224      ILLEGAL USE OF DEALER PLATES

(a)  It is illegal to use dealer plates on vehicles operated for any other business that the dealer is engaged in.  The sale of vehicles not required to be registered, excluding the sale of farm tractors which are part of the inventory of the dealer, is considered another business and delivery of such vehicles by motor transport is not permitted with dealer plates.

(b)  Parts trucks used in delivering parts to other sales outlets may use dealer plates only if the sale of parts is incident to the dealer business.  A parts business that is separate and apart from the dealership cannot use dealer plates.

(c)  It is illegal to use dealer plates on vehicles that are not owned by the dealer.

(d)  It is illegal for persons other than dealers, corporate officers or employees of a dealer who regularly work for the dealer at least 15 hours a week, to operate a dealership vehicle unless they are in possession of a 96‑hour permit.  The said permit must include license plate number, permitee's name, address, driver's license number, date and hour of issue and must be signed by dealer or sales manager and person receiving vehicle.  A duplicate copy of the permit must be retained by the dealer.  The permit is void if erasures are made.

(e)  It is illegal to use dealer plates on wreckers used for general wrecker service or on wreckers which move vehicles on a rotation basis at the request of state or local law enforcement authorities.  It is permissible to use a dealer plate on wreckers which tow vehicles for the dealer's customers only.

(f)  The civil penalty imposed upon a dealer pursuant to G.S. 20-79(e)(2) is due in full upon assessment by the Division.  The license of a dealer who fails to pay the civil penalty within 30 days after notice of the assessment is delivered to the dealer or an employee of the dealer shall be cancelled by the Division until the penalty is paid in full.

 

History Note:        Authority G.S. 20‑39; 20‑79; 20-302;

Eff. June 1, 1988;

Amended Eff. December 1, 1993; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0225      VEHICLES OFFERED FOR SALE OWNED BY DEALERSHIP

No vehicle shall be sold or offered for sale or trade by any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler until said motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler has in his possession a certificate of title or manufacturers certificate of origin or same is immediately available to complete transfer of ownership to the con­sumer‑purchaser.

 

History Note:        Authority G.S. 20‑39; G.S. 20‑79;

Eff. June 1, 1988;

Amended Eff. October 1, 1991.

 

19A NCAC 03D .0226      VEHICLES OFFERED FOR SALE ON CONSIGNMENT

(a)  Any dealer offering a vehicle for sale that is on consignment from a manufacturer, distributor, factory branch, distributor branch, wholesaler or individual shall have in his possession a consignment contract for each vehicle, executed by both parties.

(b)  The consignment contract shall consist of the following:

(1)           The effective dates of the contract.

(2)           The complete name, address, and the telephone number, if available, of the owner.

(3)           A complete description of the vehicle on consignment, including the make, model, body style, year, and vehicle identification number.

(4)           The listing charges.

(5)           The percentage of commission or the amount of the commission the dealer is to get if the vehicle is sold.

(6)           The right of the dealer to receive the agreed upon commission, if vehicle is sold after the termination of the agreement and as a result of the dealer's effort, which shall not exceed 30 days.

(c)  Any dealer offering a vehicle for sale on consignment must tell the prospective customer that the vehicle is on consignment unless the dealer is going to take ownership of the vehicle by completing a re‑assignment on the title documents.  Any dealer selling a vehicle on consignment from a wholesaler must take ownership of that vehicle prior to its retail sale.

(d)  Dealer plates cannot be used to demonstrate a vehicle on consignment.  The consignee's plate may be used if liability insurance is in effect.

(e)  In addition to a consignment contract, the dealer shall have in his possession an equipment listing of the vehicle, consisting of, but not limited to, the following:

(1)           Owners name and address.

(2)           Complete description of the vehicle which shall include the year, make, model, body style, color, odometer reading, special or extra equipment, and the disclosure of known defects.

(f)  The ownership documents of any vehicle on consignment must be made available to any authorized agent of the North Carolina Division of Motor Vehicles on request.  The ownership documents must be readily available from the owner.

(g)  The owner must execute the ownership documents and deliver them to the purchaser at the time the vehicle is delivered.

(h)  The vehicle must display a current safety inspection certificate.

 

History Note:        Authority G.S. 20‑302;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991.

 

19A NCAC 03D .0227      VEHICLES OFFERED FOR SALE ON A FLOOR PLAN LIEN

(a)  Any dealer offering for sale a vehicle on which a financial interest is held by another party (floor plan lien) shall at the time of sale, satisfy the floor plan lien and obtain the title from the floor plan lienholder, execute the title documents and deliver them to the purchaser or the lienholder as required by G.S. 20-52.1, G.S. 20‑72 and G.S. 20‑75 at the time the vehicle is delivered.

(b)  Manufacturers Certificate of Origin and titles may be retained by the floor plan lienholder so long as the Manufacturers Certificate of Origin and titles are located within the boundaries of North Carolina; provided the dealer has in possession, available for inspection, an invoice from the manufacturer or distributor and a floor plan disclosure form completed, dated and signed by both parties.  Mobile/manufactured home dealers shall be exempt from the requirement that the Manufacturer's Certificate of Origin and title be located within the boundaries of North Carolina.  All other provisions of this Rule shall apply to mobile/manufactured home dealers.

 

History Note:        Authority G.S. 20‑302;

Eff. June 1, 1988;

Amended Eff. June 1, 1995; January 1, 1994; October 1, 1991.

 

19A NCAC 03D .0228      BILL OF SALE, ODOMETER STATEMENT ‑ WRITTEN DOCUMENTATION

(a)  Bill of Sale ‑ Every motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler at the time of sale or trade shall provide to the buyer in writing the applicable information listed below which may be on a bill of sale, buyer's order, financial statement or combination thereof.  Each form must be completed in duplicate, signed by the buyer and seller, and the original or copy provided to the buyer and a copy of original retained by the dealer for four years.  Such information shall include:

(1)           Name and address of person, firm or corporation to whom vehicle sold or traded.

(2)           Date of sale or trade.

(3)           Name and address of motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler selling or trading vehicle.

(4)           Make, body style, vehicle identification number and year model.

(5)           Sale price of vehicle.

(6)           Amount of cash down payment made by the buyer.

(7)           Description of any vehicle used as a trade‑in and the amount credited the buyer for sale trade‑in.  [Description of trade‑in shall be the same as outlined in Subparagraph (a)(4) of this Rule.]

(8)           Amount of finance charge, if any, and interest.

(9)           The cost of insurance to the buyer, if any, and an explanation of the type and amount of coverage.

(10)         Any investigation charges, service charges or any other charge or charges not included in previous items.  The purpose of each charge must be specified.

(11)         Net balance due from the buyer.

(12)         The amount of each payment and the time and schedule of deferred payment and to whom payments are to be made.

(b)  Odometer Statement ‑ Odometer disclosure statements must comply with Article 15 of Chapter 20 of the North Carolina General Statutes and copies retained for a period of five years.

 

History Note:        Authority G.S. 20‑39;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0229      CORP. SURETY BONDS:  MOBILE/MANUFACTURED HOME DEALERS

A motor vehicle dealer who is engaged in the principal business of selling mobile or manufactured homes (as defined in G.S. 143‑143.9) and who also sells other motor vehicles as an incident to this principal business, shall either:

(1)           furnish to the Division a corporate surety bond, cash bond, or fixed equivalent thereof pursuant to G.S. 20‑288(e); or

(2)           furnish to the Division a copy of the bond that the dealer has furnished to the North Carolina Manufactured Housing Board, pursuant to G.S. 143‑143.12, which includes the condition that the obligor will faithfully conform to and abide by the provisions of Article 12 of North Carolina General Statutes Chapter 20.

 

History Note:        Authority G.S. 20‑39, 20‑288(e);

Eff. June 1, 1988;

Amended Eff. January 1, 1994.

 

19A NCAC 03D .0230      SUSPENSION: REVOCATION AND RENEWAL REFUSED

(a)  Suspension:  Any person, firm or corporation whose license is suspended shall:

(1)           Surrender all licenses and license plates (dealer, manufacturer or temporary marker) to the Division and not engage in the business of buying, selling, trading or manufacturing motor vehicles while license is suspended.

(2)           Reinstatement:  At the termination of period of suspension, license, license plates and temporary markers will be returned to licensee upon payment of necessary fees, if any.  If no fees are due, license, license plates and temporary markers will be returned to licensee upon request; if fees are due, licensee shall be notified prior to date of termination of suspension.

(b)  Revocation:

(1)           Any person, firm or corporation whose license has been revoked shall surrender all licenses, license plates (dealer, manufacturer and temporary marker) to the Division and not engage in the business of buying, selling, trading, or manufacturing motor vehicles until new license and license plates have been obtained.

(2)           New license required:

(A)          Where a license has been revoked, a new license must be obtained before carrying on any activity covered by Article 12 of Chapter 20.

(B)          The procedure for obtaining a new license after revocation shall be the same as that for obtaining an original license except that application shall have noted on the face thereof by applicant the fact that prior license has been revoked and the date of such revocation.

(C)          Where dealer or manufacturer's license plates have been revoked, the procedure for obtaining new plates shall be the same as that for obtaining original license plates.

(c)  Renewal refused:  Any person, firm or corporation whose renewal application for license has been refused must surrender all license plates to the Division for cancellation.

 

History Note:        Authority G.S. 20‑1; 20‑302;

Eff. June 1, 1988.

 

19A NCAC 03D .0231      HEARINGS PURSUANT TO ARTICLES 12 AND 15 OF CHAPTER 20

(a)  The following shall be applicable to hearings requested under G.S. 20‑296:

(1)           No license issued under this Article shall be suspended, revoked or renewal refused until a hearing has been held before the Commissioner or a person designated by him and licensee shall have been notified in writing ten days prior to such hearing by certified mail to his last known address as shown by records of the Division.  Provided, however, if a licensee fails to maintain a bond as required by G.S. 20‑288(e) or fails to purchase dealer license plates as required by G.S. 20‑79, the Division shall cancel the dealer's license subject to the provision that the licensee shall be granted a hearing if requested in writing within ten days after the date of cancellation of such license.

(2)           Hearing shall be held at a place designated by the Commissioner.

(3)           The licensee shall be advised of the decision of the Commissioner in writing by certified mail within 30 days of the decision to his last known address as shown by records of the Division.

(4)           The decision of the Commissioner or his duly authorized representative, after hearing, shall be final and appeal therefrom shall be as provided in Chapter 150B of the North Carolina General Statutes (G.S. 20‑300).

(b)  Except as otherwise provided, the North Carolina Rules of Civil Procedure will be applicable to hearings requested under N.C.G.S. 20‑304 through 20‑305.4.

(1)           Action shall be initiated by the filing of a petition with the Commissioner of Motor Vehicles, North Carolina Division of Motor Vehicles, Raleigh, N. C. 27697, who shall serve a copy thereof on the affected manufacturer by certified mail (return receipt requested) with notice that such manufacturer shall reply to the subject petition of the dealer within 30 days.

(2)           Petitioner and replies:

(A)          The form of the petition shall be the same as that required for filing of petitions in the superior court and there shall be attached thereto a copy of the franchise agreement between the dealer and manufacturer.

(B)          The form of the reply to the petition shall be the same as required for the filing of a reply to a petition in the superior court and there shall be attached thereto a copy of the franchise agreement between the manufacturer and dealer.

(C)          Exhibits and supporting documents shall be attached to the petition or reply at the time of filing.

(3)           The hearing shall be held at a place designated by the Commissioner upon 20 days written notice to both the petitioner and respondent.

(A)          It shall be the obligation of the parties involved to have present at any hearing all witnesses which the parties desire to be heard.

(B)          The parties shall be advised of the decision of the Commissioner in writing by certified mail to the addresses as shown in the pleadings filed in the action.

(4)           The decision of the Commissioner or his duly authorized representative after hearing shall be final and appeal therefrom shall be as provided in Chapter 150B of the North Carolina General Statutes (G.S. 20‑300).

 

History Note:        Authority G.S. 20‑1; 20‑294 through 20‑296; 20‑301 through 20‑305; 20‑305.1 through 20‑305.3;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0232      CIVIL PENALTY SCHEDULE FOR NON-LICENSED MOTOR VEHICLE DEALERS

The civil penalty schedule established in this Rule shall apply to a person acting as a dealer who has not obtained a license pursuant to Article 12 of the Motor Vehicle dealers and Manufacturers Licensing Law.  The Division of Motor Vehicles shall apply the penalty schedule in the following manner:

(1)           For a first offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 20-287 and has not obtained the license, the DMV shall levy and collect a civil penalty of one thousand dollars ($1000) in addition to any other punishment required under the law.

(2)           For a second offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 20-287 and has not obtained the license, the DMV shall levy and collect a civil penalty of three thousand dollars ($3,000) in addition to any other punishment under the law.

(3)           For a third or subsequent offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 287 and has not obtained the license, the Division shall levy and collect a civil penalty of five thousand dollars ($5,000) in addition to any other punishment under the law.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

19A NCAC 03D .0233      CIVIL PENALTY SCHEDULE FOR LICENSED MOTOR VEHICLE DEALERS

The civil penalty schedule established in this Rule applies to motor vehicle dealers, motor vehicle sales representatives, manufacturers, factory branches, factory representatives, distributors, representatives, distributor branches, distributor representatives, and wholesalers.  The schedule categorizes violations as Type I (serious) Violations, Type II (moderate/less serious) Violations, and Type III (minor) Violations.  The DMV shall apply the Civil Penalty Schedule as follows:

(1)           Type I Violation:  For a first Type I violation within three years by a licensee, the Division shall assess a civil penalty of two hundred fifty dollars ($250.00) in addition to any other punishment or remedy under the law.  For a second Type I violation within three years by a licensee, the Division shall assess a civil penalty of five hundred dollars ($500.00) in addition to any other punishment or remedy under the law.  For a third or subsequent Type I violation within three years by a licensee, the Division shall assess a civil penalty of one thousand dollars ($1,000) in addition to any other punishment or remedy under the law.

(2)           Type II Violation:  For a first Type II violation within three years by a licensee, the Division shall assess a civil penalty of one hundred dollars ($100.00) in addition to any other punishment or remedy under the law.  For a second Type II violation within three years by a licensee, the Division shall assess a civil penalty of two hundred fifty dollars ($250.00) in addition to any other punishment or remedy under the law.  For a third or subsequent Type II violation within three years by a licensee, the Division shall assess a civil penalty of five hundred dollars ($500.00) in addition to any other punishment or remedy under the law.

(3)           Type III Violation:  For any Type III violation by a licensee, the Division shall assess a civil penalty of fifty dollars ($50.00) in addition to any other punishment or remedy under the law.

(4)           Multiple Violations:  If a licensee commits two or more violations in the course of a single transaction or occurrence, the division shall assess a civil penalty specified for the most serious violation only, based upon the schedule set out in this Rule.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

19A NCAC 03D .0234      TYPE I OR SERIOUS VIOLATIONS

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type I Violations against a licensed automobile dealer for any of the following:

(1)           Failing to deliver manufacturer's certificate at time of transfer as required in G.S. 20-52.1;

(2)           Failing to deliver certificate of title at time of transfer as required in G.S. 20-75;

(3)           Altering or forging certificate of title, registration card, or application as addressed in G.S. 20-71;

(4)           Reproducing or possessing blank certificate of title;

(5)           Failing to disclose damage to a vehicle as addressed in G.S. 20-71.4;

(6)           Knowingly making false statements about the date a vehicle was sold or acquired as addressed in G.S. 20-74;

(7)           Receiving or transferring stolen vehicles as addressed in G.S. 20-106;

(8)           Injuring or tampering with vehicle as addressed in G.S. 20-107;

(9)           Buying, receiving, disposing of, selling, offering for sale, concealing, or possessing vehicles or component parts with manufacturer's numbers as addressed in G.S. 20-108;

(10)         Altering or changing engine or other numbers as addressed in G.S. 20-109;

(11)         Making material misstatement in application for a license as addressed in G.S. 20-294(1);

(12)         Making material misstatement in application for dealer license plate as addressed in G.S. 20-294(12);

(13)         Failing to maintain established salesroom or established office as required in G.S. 20-294(3);

(14)         Defrauding retail buyer or any other person with whom business is conducted in a manner which damages the buyer as addressed in G.S. 20-294(4);

(15)         Employing fraudulent devices, methods or practices in connection with the laws of this State regarding the retaking or repossessing motor vehicles under retail installment contracts and resale of such vehicles as addressed in G.S. 20-294(5);

(16)         Using unfair methods of competition or unfair deceptive acts or practices as addressed in G.S. 20-294(6);

(17)         Knowingly advertising by any means, any untrue assertion or representation or statement of fact which is misleading or deceptive in any particular relating to the conduct of business licensed or for which a license is sought as addressed in G.S. 20-294(7);

(18)         Knowingly advertising a used motor vehicle for sale as a new motor vehicle as addressed in G.S. 20-294(8);

(19)         Being convicted of an offense set forth under G.S. 20l-106, G.S. 20-106.1, G.S. 20-107, or G.S. 20-112 while holding such a license or within five years prior to the date of filing the application as addressed in G.S. 20-294(9);

(20)         Being convicted of a felony involving moral turpitude under the laws of this state, another state, or the United States as addressed in G.S. 20-294(9);

(21)         Submitting a bad check to the Division of Motor Vehicles in payment of highway use taxes collected as addressed in G.S. 20-294(10);

(22)         Knowingly giving an incorrect certificate of title, or failing to give a certificate of title to a purchaser, a lienholder, or the Division after a vehicle is sold as required in G.S. 20-294(11);

(23)         Coercing or offering anything of value to any purchaser of a motor vehicle to provide any type of insurance coverage on said motor vehicle or accepting any policy as collateral on any vehicle sold to secure an interest in such vehicle in any company not qualified under the insurance laws of this state as addressed in G.S. 20-298;

(24)         Failing to provide and deliver to buyer a written installment statement describing clearly the motor vehicle sold, the cash sale price thereof, the cash paid down by the buyer, the amount credited the buyer for any trade-in and a description of the motor vehicle traded, the amount of the finance charge, the amount of any other charge specifying its purpose, the net balance due from the buyer, the terms of the payment of such net balance and a summary of any insurance protected to be effected as addressed in G.S. 20-303; and

(25)         Violating any statute included in or related to Article 15 of the Vehicle Mileage Act as addressed in G.S. 20-340 through G.S. 20-350.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

19A NCAC 03D .0235      TYPE II MODERATE OR LESS SERIOUS VIOLATIONS

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type II Violations against a licensed automobile dealer for any of the following:

(1)           Failing to maintain in full force and effect a corporate surety bond as required by G.S. 20-288(c);

(2)           Displaying motor vehicles for sale at retail at a location other than an established salesroom as required in G.S. 20-292;

(3)           Failing to inspect new vehicles prior to retail sale and failing to inspect used vehicles before they are offered for sale as required in G.S. 20-183.4C;

(4)           Failing to maintain and retain a record of all vehicles received and sold by the dealer to include all Division of Motor Vehicles' requirements for the period of time required by the Division as addressed in G.S. 20-297;

(5)           Improperly issuing or using 30-day temporary markers as addressed in G.S. 20-79.1;

(6)           Violating any rules in connection with the selling of vehicles on consignment as addressed in 19A NCAC 03D .0226; and

(7)           Violating any laws concerning conspicuous disclosure of dealer administrative fees or finance yield charges as addressed in G.S. 20-101.1 and G.S. 20-101.2.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

19A NCAC 03D .0236      TYPE III MINOR VIOLATIONS

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type III Violations against a licensed automobile dealer for any of the following:

(1)           Failure of licensed dealer to keep a current list of licensed salespeople posted in a conspicuous manner as required in G.S. 20-290(b);

(2)           Failure of licensed dealer to include license type and serial number of license in any advertisement publication as required in G.S. 20-290(c);

(3)           Failure of any sales representative, factory representative, or distributive representative to carry licenses when engaged in business and display the same upon request as required in G.S. 20-291;

(4)           Failure of sales representative, factory representative, or distributive representative to report change of employment, make new application, and submit appropriate change of employment fee to the Division; and

(5)           Failure to post "Buyers Guide" on every used motor vehicle offered for sale with warranty information as required by the Federal Trade Commission.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

SECTION .0300 ‑ MOTOR VEHICLE THEFTS

 

19A NCAC 03D .0301      STOLEN MOTOR VEHICLES

When a vehicle is reported stolen, the Division takes the necessary action to stop the title for the vehicle from being transferred except to the insurance company when the theft claim has been settled.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑103; 20‑104;

Eff. July 1, 1978;

Amended Eff. August 1, 1984; February 1, 1982.

 

19A NCAC 03D .0302      RECOVERED MOTOR VEHICLES

(a)  The Division's files are marked to indicate a recovered vehicle as soon as the report is received.

(b)  The owner and lien holder (if any) are notified when a report of a recovered vehicle is received, except when the Division learns that the owner already knows the vehicle's location.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑103; 20‑104;

Eff. July 1, 1978;

Amended Eff. February 1, 1982.

 

19A NCAC 03D .0303      SALE OF VEHICLE TO SATISFY STORAGE OR MECHANIC'S LIEN

19A NCAC 03D .0304      SALE OF MOTOR VEHICLE UNDER JUDICIAL PROCEEDINGS

19A NCAC 03D .0305      SALE OF ABANDONED VEHICLE

19A NCAC 03D .0306      FORMS

 

History Note:        Authority G.S. 20‑1; 20‑77(d)(e); 20‑114(c); 44A‑2; 44A‑4; 153‑9; 160A‑303:

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0400 ‑ NOTICE OF SALE AND STORED VEHICLES

 

19A NCAC 03D .0401      STORED VEHICLE

A written or a computer generated report must be filed with the Enforcement Section by law enforcement officers of all vehicles reported to them as abandoned and of all vehicles stored for illegal use.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑114(c);

Eff. July 1, 1978;

Amended Eff. January 1, 1994; October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0402      UNCLAIMED MOTOR VEHICLE

An unclaimed motor vehicle report is to be filed with the Enforcement Section, Division of Motor Vehicles, Raleigh, North Carolina by the owner of any business where vehicles are garaged, repaired, parked or stored for the public within 5 days after the vehicle has been unclaimed for 30 days.  When a vehicle has been abandoned on a landowner's property for more than 60 days, he must notify this section within 5 days after the 60‑day period.  Notification shall be made on Form LT‑126‑‑Report of Unclaimed Motor Vehicle to the Enforcement Section, Division of Motor Vehicles, Raleigh, North Carolina.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑77(d);

Eff. July 1, 1978;

Amended Eff. October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0403      SALE OF VEHICLE TO SATISFY STORAGE OR MECHANIC'S LIEN

(a)  When a person who repairs, services, tows or stores motor vehicles in the regular course of his business has a vehicle in his possession for 30 days following the date the storage or mechanic charges became due and the lien remains unpaid, he shall file with the Enforcement Section an Unclaimed Motor Vehicle Report (Form LT‑126).

(b)  If the person or firm claiming the mechanic's or storage lien desires to sell the vehicle to satisfy such claim, he shall notify the Enforcement Section of intent to sell such vehicle by use of Form LT‑102. This form must be completed in its entirety and mailed with a fee of ten dollars ($10.00) to the Enforcement Section of the Division of Motor Vehicles, Raleigh, North Carolina.

(c)  After all interested parties of record have been notified of the proposed sale and a request for judicial hearing is not received, the Enforcement Section will notify the person or firm claiming the storage or mechanic's lien.

(d)  The person or firm claiming the storage or mechanic's lien on a motor vehicle shall use Form LT‑103 to notify the Enforcement Section 20 days in advance of a public or private sale.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑77(d),(e); 20‑114(c); 44A‑2; 44A‑4;

Eff. July 1, 1978;

Amended Eff. October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0404      SALE OF MOTOR VEHICLE UNDER JUDICIAL PROCEEDINGS

Any person selling a vehicle under judicial proceedings shall give notice to the Enforcement Section by Form LT‑101 or LT‑103 at least 20 days in advance of a public or private sale.  A copy of the court order, judgement or execution, which shall fully describe the vehicle being sold, must accompany the notice of sale (Form LT‑101).

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑114(c);

Eff. July 1, 1978;

Amended Eff. October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0405      SALE OF ABANDONED VEHICLE

Any city or county selling an abandoned vehicle as a result of city or county ordinance on file with the Enforcement Section, Division of Motor Vehicles, Raleigh, North Carolina, must give this section at least 20 days notice prior to such sale and this notice shall be on Form LT‑101‑‑Notice of Sale of a Motor Vehicle.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 160A‑303; 153‑9;

Eff. July 1, 1978;

Amended Eff. October 1, 1991; February 1, 1982; April 11, 1980.

 

19A NCAC 03D .0406      INSPECTION PROCEDURES

19A NCAC 03D .0407      INSPECTION OF MOTORCYCLES: MOTOR SCOOTERS AND MOTOR BIKES

19A NCAC 03D .0408      PROCEDURE FOLLOWING VEHICLE INSPECTION

19A NCAC 03D .0409      REINSPECTION

19A NCAC 03D .0410      INSPECTION CERTIFICATES ISSUED BY OTHER JURISDICTIONS

19A NCAC 03D .0411      FORMS

 

History Note:        Authority G.S. 20‑1; 20‑122 through 20‑133; 20‑183.3 through 20‑183.8;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0500 ‑ GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES

 

19A NCAC 03D .0501      GENERAL INFORMATION

 

History Note:        Authority G. S. 20‑1; 20‑117.1(a); 20‑122; 20‑122.1; 20‑123.1; 20‑124; 20‑125; 20‑125.1; 20‑126; 20‑127; 20‑128; 20‑128.1; 20‑129; 20‑129.1; 20‑130; 20‑130.1; 20‑130.2; 20‑130.3; 20‑131 through 20‑134; 20‑183.2; 20‑183.3; 20‑183.4; 20‑183.5; 20‑183.6; 20‑183.7; 20‑183.8;

Eff. July 1, 1978;

Amended Eff. March 1, 1982;

Repealed Eff. January 1, 1983.

 

19A NCAC 03D .0502      COLLECTION OF ASSESSMENTS

19A NCAC 03D .0503      WEIGHING VEHICLES WITH PORTABLE SCALES

19A NCAC 03D .0504      RECIPROCITY AGREEMENTS

19A NCAC 03D .0505      FORMS

 

History Note:        Authority G.S. 20‑1; 20‑4.1 through 20‑4.12; 20‑49; 20‑84.2; 20‑91.1; 20‑99; 20‑118.1;

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. February 1, 1982.

 

19A NCAC 03D .0506      REQUIREMENTS FOR LICENSE

19A NCAC 03D .0507      LICENSES ISSUED

19A NCAC 03D .0508      DENIAL: SUSPENSION OR REVOCATION OF LICENSE

19A NCAC 03D .0509      OPERATION OF SAFETY EQUIPMENT INSPECTION STATIONS

19A NCAC 03D .0510      INSPECTION PROCEDURES

19A NCAC 03D .0511      INSPECTION OF MOTORCYCLES: MOTOR SCOOTERS AND MOTOR BIKES

19A NCAC 03D .0512      PROCEDURE FOLLOWING VEHICLE INSPECTION

19A NCAC 03D .0513      INSPECTION CERTIFICATES ISSUED BY OTHER JURISDICTIONS

19A NCAC 03D .0514      FORMS

 

History Note:        Authority G.S. 20‑1; 20‑103.8; 20‑117.1(a); 20‑122; 20‑122.1; 20‑123.1; 20‑124; 20‑125;

20‑125.1; 20‑126; 20‑127; 20‑128; 20‑128.1; 20‑129; 20‑129.1; 20‑130; 20‑130.1; 20‑130.2;

20‑130.3; 20‑131 through 20‑134; 20‑183.2; 20‑183.3; 20‑183.4; 20‑183.5; 20‑183.6;

20‑183.6(b); 20‑183.7; 20‑183.8; 20‑183.8(a); 20‑183.8(b); 200‑83.8(b);

Eff. March 1, 1982;

Repealed Eff. January 1, 1983.

 

19A NCAC 03D .0515      SAFETY INSPECTION LICENSING AND PROCEDURES

 

History Note:        Authority G.S. 20‑1; 20‑117.1(a); 20‑122; 20‑122.1; 20‑123.1; 20‑124; 20‑125; 20‑125.1;

20‑126; 20‑127; 20‑128; 20‑128.1; 20‑129; 20‑129.1; 20‑130; 20‑130.1; 20‑130.2; 20‑130.3;

20‑131 through 20‑134; 20‑183.2; 20‑183.3; 20‑183.4; 20‑183.5; 20‑183.6; 20‑183.7;

20‑183.8;

Eff. January 1, 1983;

Amended Eff. July 1, 1992; October 1, 1991; October 1, 1989; November 1, 1988;

Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

 

19A NCAC 03D .0516      SAFETY INSPECTION LICENSING AND PROCEDURES

 

History Note:        Filed as a Temporary Adoption Eff. April 25, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20‑2; 20‑39; 20‑183.8;

Codifier of Rules Objected to the Findings of Need for the Temporary Rule

Eff. April 25, 1994;

Temporary Adoption Expired October 22, 1994.

 

19A NCAC 03D .0517      DEFINITIONS

For purposes of this Section, these words and phrases shall have the following meanings, except in those instances where the context clearly indicates a different meaning:

(1)           Abbreviations:  Abbreviations used in these Rules shall have the following meanings:

(a)           CO - Carbon Monoxide,

(b)           G.V.W.R. - Gross Vehicle Weight Rating,

(c)           HC - Hydrocarbons,

(d)           PSI - Pounds Per Square Inch,

(e)           NOx - Nitrogen Oxides,

(f)            PPM - Parts Per Million,

(2)           Ambient Air:  That portion of the atmosphere surrounding human, animal and plant life.

(3)           Authorized Station:  An established place of business licensed by the North Carolina Division of Motor Vehicles to conduct inspection of safety equipment, emissions, and air pollution control devices as required by the inspection laws.

(4)           Base:  The place where a vehicle is most frequently dispatched from, garaged, serviced, maintained, operated or otherwise controlled.  If any vehicle is located in or operated from a county participating in the safety emission program continuously for a period of 30 days, said vehicle shall be considered based within said county.

(5)           Certified Inspection Mechanic:  A person who has completed the course(s) required by G.S. 183.4(c) and 183.4A(c), who has passed a written examination approved by the North Carolina Division of Motor Vehicles, and who has been issued an inspection mechanic license by the Division of Motor Vehicles.

(6)           Crankcase Emissions:  Air contaminants emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system.

(7)           Current Year Model:  The production period of new motor vehicles as designated by the manufacturer in the calendar year in which the period ends.  If the manufacturer does not designate a production period, the model year shall mean the 12-month period beginning January of the year in which production began.

(8)           Diagnostic Equipment:  Tools or machines used to diagnose engine performance.

(9)           Emission:  The act of a motor vehicle emitting into the atmosphere any air contaminants which may include carbon monoxide, hydrocarbons, or nitrogen oxides.

(10)         Emissions Analyzer:  An approved device used to fully evaluate the vehicle emission control system for proper operation and electronically record and transmit emissions and safety inspection data to the state.  An approved device is considered a device that meets the certification requirements as defined by the Environmental Management Commission Specifications for the North Carolina Analyzer System.

(11)         Established Place of Business for Safety/Emissions Inspection:  A permanent structure owned either in fee or leased by a licensee, which has sufficient space to test and inspect one or more motor vehicles for which an inspection is being sought and to accommodate the office or offices of an authorized station to provide a safe place for maintaining the records of such authorized station, and at which location the business shall be open during normal business hours to conduct safety inspections and  emissions tests and make available to authorized agents of the Division of Motor Vehicles all records and required equipment for examination and testing.

(12)         Exhaust Emissions:  Air contaminants emitted into the atmosphere from any opening downstream from the exhaust parts of a motor vehicle engine.

(13)         Heavy Duty Motor Vehicle:  A motor vehicle which is designed primarily for:

(a)           The transportation of property and which is rated at more than 8,500 GVWR.

(b)           The transportation of persons and which has a capacity of more than 12 persons.

(c)           Use as a recreational motor vehicle which is rated at more than 8,500 GVWR.

(d)           Use as an off-road utility vehicle.

(14)         Inspection:  The safety equipment or emissions inspection of motor vehicles required by G.S. 20, Part 2, Article 3A.

(15)         Inspection Laws:  G.S. 20, Part 2, Article 3A and rules adopted by the Commissioner of Motor Vehicles.

(16)         Inspection/Maintenance (I/M):  A strategy to reduce emissions from in-use motor vehicles by identifying vehicles that need emission related maintenance and requiring that such maintenance be performed.

(17)         Inspection Period:  The period of time a motor vehicle is required to be inspected.  To be a current inspection, a motor vehicle may be inspected up to ninety days prior to the last day of the month in which the registration on the vehicle expires pursuant to G.S. 20-183.4C.  For motor vehicles not previously registered in this State, the inspection period shall be a period of 12 months prior to the application for registration pursuant to G.S. 20, Part 3, Article 3 and G.S. 20-183.4C.

(18)         License: Notwithstanding G.S. 20-4.01(17), the license issued by the Commissioner of Motor Vehicles which is required for a person to operate a safety equipment emission inspection station.

(19)         Light Duty Motor Vehicle: A motor vehicle which is designed primarily for:

(a)           Transportation of property and which is rated at or less than 8,500 GVWR by the manufacturer; or

(b)           Use in the transportation of persons and which has a capacity of 12 persons or fewer.

(20)         Light Transmittance Measuring Device or Light Meter or Unit or Device:  A photometer capable of measuring the net transmittance of a window or windshield for light at 560 nm with a variance of no more than 20 nm.

(21)         Motorcycle:  A motor vehicle as defined under G.S. 20-4.01(22).

(22)         Multipiece Photometer:  A photometer in which the light source and light detector are mechanically separate units that can be positioned on opposite sides of a fixed window or windshield.

(23)         Net Transmittance:  The luminous transmittance over the 560 nm with a variance of 20 nm wavelength range, including the effects of Fresnel (surface) reflections.

(24)         Recreational Motor Vehicle:  A vehicle which is designed primarily to provide temporary or permanent living quarters for travel, camping, or other recreational use.

(25)         Registered Owner of a Vehicle:  The individual, group of individuals, partnership, firm, company, corporation, association, trust, estate, political subdivision, administrative agency, public or quasi-public corporation, or any other legal entity in whose name the license has been issued and whose name appears on the registration for such vehicle.

(26)         Revocation:  Notwithstanding G.S. 20-4.01(36), the termination of a license issued by the Division of Motor Vehicles to a safety equipment emission inspection station.

(27)         Safety Inspection Analyzer:  An approved device used to evaluate and electronically record and transmit safety inspection data to the state.  An approved device is considered a device that meets the certification requirements as defined by the Environmental Management Commission Specifications for the North Carolina Analyzer System.

(28)         Section:  The License and Theft Bureau of the Division of Motor Vehicles.

(29)         Self-Inspector:  A person, firm or corporation so designated by the Commissioner for the purpose of inspecting only those vehicles owned or operated by such person, firm or corporation.

(30)         Standard:  A standard of performance adopted in these Rules.

(31)         Station: A place of business licensed by the Commissioner of Motor Vehicles to conduct inspections of motor vehicles as required by the inspection laws.

(32)         Suspension of Safety/Emission License:  The temporary withdrawal of a license issued by the Division of Motor Vehicles to a safety equipment emission inspection station for a definite period of time.

(33)         Tampering:  Rendering inoperative, or the intentional maladjustment of any device installed on a motor vehicle designed or intended to control the amount of emissions from a vehicle.

(34)         Waiver:  A document issued by the Commissioner of Motor Vehicles or his designated agent exempting a particular motor vehicle from the requirements of the emission inspection.

 

History Note:        Authority G.S. 20-2; 20-39; 20-127; 20-183.2; 20-183.6(a); 20-183.7(a);

Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. October 1, 1994;

Amended Eff. July 1, 2010; February 1, 1996.

 

19A NCAC 03D .0518      LICENSING OF SAFETY OR EMISSIONS INSPECTION STATIONS

(a)  An application for licensing as a Safety Equipment or Safety Equipment Emissions Inspection Station shall be made on forms furnished by the Division of Motor Vehicles and filed with the License and Theft Bureau.

(b)  An applicant for licensing for a Safety Equipment or Safety Equipment Emissions Inspection Station shall have:

(1)           A specified area used primarily for repair of motor vehicles.

(2)           At least 45 lineal feet of approximately level floor surface at least 10 feet wide when using a light chart for testing lights, or at least 25 lineal feet of approximately level floor surface at least 10 feet wide when using a light testing machine.  Dirt floors are not acceptable.

(3)           Sufficient area enclosed to permit an inspection at all times regardless of weather conditions. Trailers may be inspected outside of the enclosed area as long as attached to prime mover.

(4)           If a light chart is used to check lights, parallel lines at least 3 feet long painted on floor surface 25 feet from the chart.

(c)  An applicant for licensing for a Safety Equipment Inspection Station inspecting only motorcycles shall have:

(1)           A specified area used primarily for repair of motorcycles.

(2)           Sufficient area enclosed to permit an inspection at all times regardless of weather conditions.  Dirt floors are not acceptable.

(3)           If a light chart is used to check lights, parallel lines at least 3 feet long painted on floor surface 25 feet from the chart.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4;

Eff. October 1, 1994;

Amended Eff. July 1, 2010.

 

19A NCAC 03D .0519      STATIONS

(a)  Licensed stations shall keep the area where vehicles are inspected and the area where inspection records are kept as required by G.S. 20-183.6A(b) free of spills, debris, hazardous materials or obstructions that inhibit proper inspection of vehicles or present a safety hazard for auditors or inspectors of the Division.  All vehicles shall remain in the inspection area during the entire inspection.

(b)  Stations with only a 25 foot lineal inspection lane shall not inspect trucks or other vehicles exceeding that length.

(c)  Stations with mechanical aimers shall not inspect vehicles with headlamps that were not manufactured to be aimed with this device.  These headlamps were manufactured to be aimed with photoelectric eyes, wall charts, computerized headlight test equipment, or on-board headlight aiming devices.

(d)  Stations not equipped with an emission analyzer shall not inspect vehicles which are 1996 or newer gasoline powered motor vehicles registered or based in counties designated as non-attainment for air quality standards by either the North Carolina Department of Environment & Natural Resources or U.S. Environmental Protection Agency.  However, they are permitted to perform the original safety equipment inspections on vehicles 1995 model year or older, diesel powered vehicles, motorcycles, trailers, and new vehicles.

(e)  Each station shall have equipment and tools for carrying out inspections, which include but are not limited to the following:

(1)           1 jack or lift with minimum capacity of 2 tons,

(2)           1 headlight tester, wall chart, or aiming kit adapters to fit all headlights,

(3)           1 workbench,

(4)           1 creeper,

(5)           1 tire tread depth gauge (calibrated in 32nds of an inch),

(6)           Emission Control System Application Manual (current edition),

(7)           1 Emission Analyzer with approved software or 1 Safety Inspection Analyzer with approved software,

(8)           1 Active telephone line with jack.

(f)  Each station inspecting only motorcycles shall have equipment and tools for carrying out inspections, which include but are not limited to the following:

(1)           1 jack or lift with minimum capacity of 2 tons,

(2)           1 headlight tester or aiming kit adapters to fit all headlights,

(3)           1 workbench,

(4)           1 tire tread depth gauge (calibrated in 32nds of an inch),

(5)           1 Safety Inspection Analyzer with approved software,

(6)           Active telephone line with jack.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4;

Eff. October 1, 1994;

Amended Eff. July 1, 2010.

 

19A NCAC 03D .0520      MECHANIC REQUIREMENTS

(a)  An applicant and licensee shall certify that each mechanic meets the requirements as set out in G.S. 20-183.4(c).

(b)  At reasonable times, a certified inspection mec­hanic may be required by authorized law enforcement officers of the Division to demonstrate proficiency and knowledge pertaining to the Safety Equipment or Safety Equipment Exhaust Emission inspection requirements which include completion of an actual or simulated Safety Equipment or Safety Equipment Exhaust Emission Inspection in the presence of any such authorized officer.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4; 20-183.6A;

Eff. October 1, 1994.

 

19A NCAC 03D .0521      LICENSING REQUIREMENTS

(a)  No application for appointment as a safety equipment or safety equipment exhaust emissions inspection station or self-inspector shall be approved unless the requirements are met as set out in this Section.

(b)  To become a North Carolina Safety Inspector, an individual must attend and pass an eight-hour Safety Inspection Course offered by a North Carolina Community College.  An individual must pass a written examination with a score of no less than 80% correct answers.  An additional eight-hour Emissions Inspection course is required if the individual desires to be licensed as an Emissions Inspector.  This certification process requires­ that a person have the ability to read and write.  No oral exams shall be given as allowed in CFR 51 Part 40.

(c)  Based upon the application and the results of investigations made, each applicant shall be approved or disapproved for licensing.  Each applicant approved shall be notified by mail and furnished without charge the appropriate station license or inspection mechanic license.  Inspection station licenses shall be valid only for the place of business set forth in the application.  Each inspection station shall notify the Division of the name and inspection license number of each inspection mechanic the station employs prior to allowing the inspection mechanic to perform any inspections at that station.  The notice shall be on a form supplied by the Division and shall be endorsed by the station owner and the inspection mechanic.  The notice shall be submitted to the Division by personal delivery to the local Division inspector or by registered or certified mail addressed to the Division's district office for the district in which the station is located.  If any licensed inspection mechanic leaves the employment of a safety equipment station the inspection station shall notify the local Division inspector of that fact in writing within three days after the inspection mechanic's employment is terminated.  An inspection mechanic license shall be valid only for the person in whose name it is issued.  Upon request, the inspection mechanic shall present his license to any Division inspector who is conducting an audit of the mechanic or the station at which the mechanic is employed.

(d)  No Safety Inspection Station shall inspect any gasoline powered vehicle of a 1975 model year or newer excluding the initial year model if the vehicle is registered or based in a county participating in the exhaust emission inspection program unless the station has an exhaust emission analyzer to conduct exhaust emissions inspections. Owners of vehicles registered in a county participating in the exhaust emission program but based and ope­rated outside the county may request in writing on forms furnished by the division an exemption from the exhaust emission inspection.  The forms requesting an exemption shall contain a certification to the effect that the vehicle for which the exemption is requested is registered in an emission inspection county but is permanently based and operated exclusively outside of the county in which it is registered.  The Division shall approve and issue a written exemption for the vehicle upon receipt of an exemption request form that is signed by the vehicle owner.  A new exemption shall be requested and approved in accordance with this Rule for each inspection period. Safety Inspections stations may conduct the safety equipment inspection in the regular manner. Vehicles exempted from exhaust emission inspection because they are based outside of the county participating in the exhaust emission program must have a copy of the approved exemption form in the vehicle at all­ times.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3; 20-183.4;

Eff. October 1, 1994.

 

19A NCAC 03D .0522      DENIAL, SUSPENSION OR REVOCATION OF LICENSES

(a)  Denial of License:  The Commissioner shall deny the application of any applicant for a safety inspection license or an emissions inspection license who fails to meet the qualifications set out in G.S. 20, Article 3A, Part 2 or the rules in this Section.  Applicants disapproved for licensing shall be notified by mail.  An applicant who submits fraudulent or fictitious information with the application shall be denied a license.  Persons who are denied a license shall be allowed a hearing in accordance with G.S. 20-183.8G.

(b)  Suspension or Revocation of License:

(1)           The license of any inspection station violating the rules in this Section or G.S. 20, Article 3A, Part 2 shall be subject to suspension or revocation.  The license of any inspection station shall be subject to suspension or revocation at any time when any of its personnel conducting inspections do not meet the rules in this Section.  Any person, firm, or corporation whose license is suspended or revoked shall not inspect vehicles while its license is suspended or revoked. Every licensee whose license is suspended or revoked or who is assessed a civil penalty or who receives a warning letter from the Division shall be allowed a hearing in accordance with G.S. 20-183.8G.

(2)           Prior to the reinstatement of an inspection station license that has been revoked or suspended, the reinstatement applicant shall demonstrate to the Commissioner or his or her duly authorized agent that its employees have knowledge of the safety equipment or safety equipment exhaust emission inspection procedures and requirements described in the rules in this Section and that the location is mechanically equipped to carry out inspections.

(3)           Prior to the reinstatement of any inspection mechanic license that has been revoked or suspended, the reinstatement applicant shall complete a training course(s) that complies with G.S. 20-183.4(c)(1) and G.S. 20-183.4A(c)(2a).  The applicant shall present proof of both course attendance and of passing a written test to the License & Theft Bureau Inspections Unit.

(4)           Motorists assessed civil penalties or fines shall be allowed a hearing in accordance with G.S. 20-183.8G. Motorists requesting a hearing shall mail a written hearing request to the Commissioner of Motor Vehicles, 3101 Mail Service Center, Raleigh, NC 27699-3101.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.8D; 20-183.8A; 20-183.8G;

Eff. October 1, 1994;

Amended Eff. November 1, 2016.

 

19A NCAC 03D .0523      OPERATION OF SAFETY OR EXHAUST EMISSIONS INSPECTION STATIONS

(a)  Posting information:

(1)           Each station shall display in a conspicuous place the following:

(A)          Official Safety Equipment or Safety Equipment Exhaust Emissions Inspection Procedure Poster;

(B)          Safety Equipment or Safety Equipment Exhaust Emissions Inspection Station License;

(C)          All inspection mechanic licenses issued by North Carolina Division of Motor Vehicles;

(D)          On the outside of its building or immediately adjacent thereto a sign in block letters at least four inches in height bearing the words: OFFICIAL INSPECTION STATION.

(2)           Station licenses shall be posted in a frame under glass.

(b)  Periodic Requirements for Licensed Inspection Mechanic.  At reasonable times, licensed inspection mechanics may be periodically required by authorized law enforcement officers of the Division to demonstrate knowledge pertaining to the Safety Equipment or Safety Equipment Exhaust Emissions inspections in the presence of any such authori­zed officer.

(c)  Location.  Inspections shall be conducted only at the location shown on the inspection station's license and only in the designated inspection area.  Trailers may be inspected outside of inspection area as long as they are attached to the engine unit.

(d)  Vehicle presented to be inspected.  Each station shall inspect any vehicle presented for inspection according to the year model, and type of engine except as provided in this section or when exempted from the emissions inspection by a waiver issued by the Commissioner of Motor Vehicles or his designated agent.

(e)  Repairs.  Inspection stations shall not in any manner attempt to require owners or operators of disapproved vehicles to have the vehicles repaired at the inspection station.  The repairs necessary for approval may be made at any place chosen by the owner or operator of the vehicle.  Permission must be obtained before making any repairs or adjustments.  Requiring unnecessary repairs is prohibited.

(f)  Hours of operation.  Each licensed public station must be open for at least eight normal business hours, five days per week.  Official State holidays are excepted.  A licensed inspection mechanic shall be on duty to conduct inspections during the hours specified.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4;

Eff. October 1, 1994.

 

19A NCAC 03D .0524      INSPECTION STICKERS

(a)  Acquisition:

(1)           Licensed safety equipment or safety equipment exhaust emission inspection stations and self-inspectors shall procure stickers from the Division of Motor Vehicles and from no other source.

(2)           Orders for stickers shall be placed with a local agent of the Enforcement Section.  Requests for stickers shall be accompanied by proper remittance.  For safety equipment inspection stickers the amount of one dollar ($1.00) per sticker shall be required.  For safety equipment exhaust emission stickers, two dollars and forty cents ($2.40) per sticker shall be required.  Orders for windshield stickers shall be placed in units of 50.  Orders for motorcycles/trailers and non-winds­hield safety equipment exhaust emission inspection stickers shall be placed in units of ten.  Safety Equipment or Safety Equipment Exhaust Emission Windshield Inspection Stickers shall be issued in books of 50.

(3)           Orders placed in person at the local office of the Enforcement Section shall be accompanied by written authorization from the station to which the stickers are to be issued, upon forms furnished by the Division, if the order is placed by other than the person in whose name the station is licensed.

(4)           All licensed stations shall keep inspection stickers and numeral inserts on hand at all times.

(5)           Licensed inspection stations and self-inspectors shall, upon request, be furnished forms required to be used by the rules in this Section.  DMV Enforcement shall furnish forms to licensed inspection stations and self-inspectors.

(b)  Application:

(1)           The inspection sticker shall be affixed only to vehicles inspected and approved in accordance with these Rules and G.S. 20, Article 3A, Part 2. Stickers must be affixed to approved vehicles within the inspection area of the inspection station by the person conducting the inspection.  The number of the sticker shall be recorded on the receipt and statement.  No person shall furnish, give, lend, or sell to any owner or operator of a motor vehicle or­ to any other person, or place in or on any vehicle an inspection sticker unless such vehicle has been inspected and approved in accordance with these Rules and G.S. 20, Article 3A, Part 2.

(2)           When any motor vehicle to be inspected under the Safety Equipment Act bears a prior inspection sticker, such prior inspection sticker may not be removed from the vehicle until such vehicle has passed inspection, is approved, and is ready to have the new sticker affixed.  If the vehicle being inspected is rejected, the old sticker is to remain affixed until the defects causing rejection have been corrected and the vehicle has been reinspected and approved.  Every licensed inspection mechanic upon approving any motor vehicle shall remove the prior inspection sticker before affixing the new inspection sticker.

(3)           An inspection sticker shall be placed upon the approved vehicle on the inside of the windshield at the bottom of the left side so that the left edge of the sticker is no more than one inch from the left edge of the windshield.  For vehicles without windshields the motorcycle/trailer or non-windshield safety equipment or safety equipment exhaust emission sticker shall be used.  The sticker shall be placed on the left side of the vehicle as near as possible to the front.  Prior to affixing the­ windshield type sticker the inspection mechanic shall attach to the sticker the appropriate numeral inserts indicating the month and year of expiration.  The inspection mechanic shall enter on the sticker in the appropriate spaces the date of inspection, the odometer mileage as taken from the vehicle at the time inspection is performed, the inspection mechanic's name, and the inspection station's license number.  This information shall be entered on the windshield type inspection sticker with a­ ball point pen or a laundry marking pen.  Glass/plastic windshields require a platform to prevent damage to the windshield.  The inspection sticker shall be affixed to the platform; when the sticker is removed from the windshield it shall no longer be valid.  Prior to affixing the motorcycle/trailer or non-windshield safety/emission sticker the inspection mechanic must punch the inspection sticker with a 1/4 inch punch indicating the month inspection performed and year of expiration.

(4)           All safety equipment or safety equipment exhaust emission inspection stations shall be issued two types of stickers.  The stickers shall be of different color and shall be affixed to the proper vehicle according to the type of inspection required.

(5)           The following tables indicate month and year of inspection:

Month Number Inserts:                                                      Year Number Inserts:

1  vehicle inspected in January                                        95 vehicle inspected in 1994

2  vehicle inspected in February                                       96 vehicle inspected in 1995

3  vehicle inspected in March                                           97 vehicle inspected in 1996

4  vehicle inspected in April                                               98 vehicle inspected in 1997

5  vehicle inspected in May                                              99 vehicle inspected in 1998

6  vehicle inspected in June                                               00 vehicle inspected in 1999

7  vehicle inspected in July                                                01 vehicle inspected in 2000

8  vehicle inspected in August                                           02 vehicle inspected in 2001

9  vehicle inspected in September                                    03 vehicle inspected in 2002

10  vehicle inspected in October                                       04 vehicle inspected in 2003

11  vehicle inspected in November                                  05 vehicle inspected in 2004

12  vehicle inspected in December                                   06 vehicle inspected in 2005

(c)  Control:

(1)           Licensed inspection stations and self-inspectors are strictly accountable for inspection stickers in their possession.  Any licensed inspection station losing or not accounting for any inspection sticker shall be subject to revocation or suspension of inspection station license as provided by these Rules. Stickers shall be locked in a safe place to guard against loss or theft.

(2)           Upon discovery of a loss or theft of any inspection stickers, station owners and self-inspectors must as soon as practicable report such loss or theft to the Enforcement Section, Motor Vehicles Building, 1100 New Bern Avenue, Raleigh, North Carolina, 27697. Oral reports shall be made upon discovery of loss or theft by the quickest means available to the local Enforcement Section Inspector.

(3)           Inspection stations and self-inspectors shall not furnish, give, loan or sell inspection stickers to any other licensed inspection station or self-inspector.

(4)           Inspection stickers shall not be transferred or reissued.  They shall only be affixed to the vehicle as designated on the receipt and statement, and only when a complete inspection of the vehicle confirms it meets requirements for approval.

(5)           Each inspection station and self-inspector shall protect stickers from larceny or damage.  No refund shall be allowed for stolen, soiled, lost, or torn stickers and the count of the Division for returned stickers shall be accepted as final.  All unused stickers must be accounted for.  A refund shall be made for expired motorcycle/trailer stickers.  A request for refund along with unused stickers must be mailed to the Enforcement Section, Division of Motor Vehicles­, 1100 New Bern Avenue, Raleigh, North Carolina, 27697, between January 1st and January 31st of the following year. Refunds shall not be permitted for expired stickers postmarked after January 31st.  Unused stickers for which a refund is not requested must be retained in a safe place until audited and destroyed by an agent of the Enforcement Section.

(6)           All inspection supplies, unused stickers, copies of receipts and statements pertaining to the issuance of stickers, all bulletins and all forms issued by the Division of Motor Vehicles pursuant to the carrying out of the Motor Vehicle Inspection Program are the property of the Division of Motor Vehicles and shall be treated as such by any inspection station.  Upon suspension or revocation of any safety equipment or safety equipment exhaust emission inspection station license or whenever any licensee voluntarily surrenders such license or ceases to do business, all items held by such licensee in carrying out the inspection shall be surrendered to the Division of Motor Vehicles.  Such items shall be inventoried by the designated agent of the Division of Motor Vehicles and shall be­ receipted upon surrender.  Refunds for unused stickers shall be made by check from the Division of Motor Vehicles in Raleigh.

(d)  Requirement of records:

(1)           Monthly report forms.  Each licensed safety equipment inspection station and each licensed safety equipment self-inspector shall maintain at the station a monthly inspection report sheet listing the beginning and ending numbers for each series of stickers issued for vehicles inspected upon forms furnished by the Division.  A total of all defects and repairs and charges listed on the receipt and statements shall be recorded in the appropriate column of the monthly inspection report.  This report shall be completed in duplicate and the original forwarded to the Enforcement Section, North Carolina Division of Motor Vehicles, monthly on or before the 10th of the month following the month for which it was completed.  The second copy shall be retained by the station for a period of at least 18 months.

(2)           Receipt and statement.  Licensed Safety Equipment or Safety Equipment Exhaust Emission inspection stations shall furnish the operator of each vehicle inspected the original copy of the "Receipt and Statement" indicating that the vehicle has been inspected and indicating thereon the items approved or disapproved.  The second copy shall be retained by the inspection station for at least 18 months following the inspection.

(3)           Records available.  Each safety equipment or safety equipment exhaust emission inspection station shall maintain records required and such records shall be made available for inspection by any law enforcement officer, upon demand, during normal business hours.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6A;

Eff. October 1, 1994.

 

19A NCAC 03D .0525      PRE-INSPECTION REQUIREMENTS

Prior to performing an inspection, the inspection mechanic shall:

(1)           Have all occupants leave the vehicle.

(2)           Require the operator to produce the current registration card to the vehicle.

(3)           Print or write legibly, use a ball point pen, and list the license plate number, serial number, mileage, number of cylinders, make, year and other required information for the vehicle on the Receipt and Statement (Form No. SI-15) if the inspection is performed by the safety equipment inspection mechanic.  If the vehicle does not have a license plate, "none" shall be indicated.  If inspected for a dealership, the dealer sticker number shall be indicated.

(4)           Enter all information if the inspection is performed by the safety equipment exhaust emission inspection mechanic as requested by the analyzer.  All vehicle identification numbers entered into the NCAS-90 analyzer shall be entered through a "one-dimensional" (ID) bar-code scanner capable of reading vehicle identification numbers and information printed on vehicle registration cards.  A station's failure to maintain an operating bar-code scanner shall result in DMV suspending a station's inspection operations until the station has a properly functioning bar-code scanner.  In the event the vehicle identification number is not readable by the bar-code scanner or is not printed on the registration card, the station shall enter the information by scanning the public vehicle identification number through the vehicle windshield or off of the driver side door or door post.  If the vehicle identification number cannot be scanned through any of the methods listed in this rule, it may be manually entered by entering the vehicle identification number correctly twice through manual keyboard entry.  Stations must achieve a match rate to the registration data base of 95% or greater.  Failure to maintain a 95% match rate for more than three months of a calendar year shall result in a Type II penalty.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.2; 20-183.6A;

Eff. October 1, 1994;

Codifier determined that agency did not meet criteria for temporary rule Eff. September 24, 1997;

Temporary Amendment Eff. November 1, 1997;

Amended Eff. August 1, 1998.

 

19A NCAC 03D .0526      SAFETY EQUIPMENT GRADING ITEMS

The authorized safety equipment inspection mechanic shall approve or disapprove each inspected item.  The following requirements shall apply:

(1)           If the item inspected is approved, a check shall be placed in the appropriate block as indicated on the SI-15 form.

(2)           If the item inspected is not approved, an "X" shall be placed in the appropriate block as indicated on the SI-15 form.

(3)           If the disapproved item is corrected during inspection, the appropriate block in "corrected during inspection" shall be checked as indicated on the SI-15 form.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.2; 20-183.4D; 20-183.6A;

Eff. October 1, 1994.

 

19A NCAC 03D .0527      EXHAUST EMISSION CONTROLS TAMPERING CHECK

The authorized safety equipment exhaust emission inspection mechanic must approve or disapprove each inspected item.  The following requirements as listed on the SI-15, which is the receipt and statement form, shall apply:

(1)           Not applicable - This block shall be checked if the vehicle inspected was not originally equipped with the emission control devices as listed.

(2)           Connected - This block shall be checked if the vehicle is equipped with the item and it is connected and in an operable condition.

(3)           Disconnected - This block shall be checked if the required emission equipment has been disconnected, removed or made inoperable.

(4)           Corrected - This block shall be checked if the emission equipment which was disconnected or inoperable is repaired or replaced.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4D; 20-183.5;

Eff. October 1, 1994.

 

19A NCAC 03D .0528      SAFETY EQUIPMENT EXHAUST EMISSION INSPECTIONS

Safety equipment exhaust emission inspection mechanic shall enter the following information into the analyzer:

(1)           For those items which are inspected and approved, the letter "P" for passed shall be entered.

(2)           For those items which are inspected and disapproved, the letter "F" for failed shall be entered.

(3)           For those items which were disapproved and corrected, the letter "C" for corrected shall be entered.

(4)           For those items which do not apply to the vehicle inspected, the letter "N" for not applicable shall be entered.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.2; 20-183.4D; 20-183.6A;

Eff. October 1, 1994.

 

19A NCAC 03D .0529      CERTIFICATION

When the vehicle has been approved, the Inspection mechanic shall:

(1)           Prepare the appropriate sticker (safety equipment or safety equipment/exhaust emission) for affixing to the vehicle.

(2)           Remove the old inspection sticker from the windshield.

(3)           Follow the instructions on the "Inspection Sticker."

(4)           Place the "Inspection Sticker" on the inside of windshield at the bottom of the left side so that the edge of the sticker is no more than one inch from the left side of the windshield.  Platforms are required for glass-plastic windshields.

(5)           For vehicles without windshields, issue motorcycle/trailer stickers or non-windshield safety/emission stickers.  The sticker shall be placed on the left side of vehicle as near the front as possible.

(6)           List the total inspection repair charges made, if any, on the "Receipt and Statement" form along with the serial number of the inspection sticker which was attached to the inspected vehicle.  A Safety Equipment Exhaust Emission inspection mechanic must enter all required information into the analyzer.

(7)           Collect fees as described in G.S. 20-183.7.

(8)           Sign and give the original of the "Receipt and Statement" form to the operator or owner.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4D; 20-183.7;

Eff. October 1, 1994.

 

19A NCAC 03D .0530      DISAPPROVAL

If a vehicle inspected is disapproved, the inspection mechanic at the end of the total inspection shall advise the owner or operator of the defect or defects found during the inspection.  Repairs may only be made at the request of the owner/operator.  Upon completion of authorized repairs, the inspection mechanic shall follow the certification process.  If the owner or operator requests the repairs to be made at some other location, then the inspection mechanic conducting the inspection shall:

(1)           Complete the "Receipt and Statement" showing the vehicle was "disapproved" and signed by the inspection mechanic.

(2)           Collect fees as prescribed in G.S. 20-183.7.

(3)           After giving the owner or operator the original copy of the "Receipt and Statement" explain to the owner/operator he has 30 days to bring the vehicle back to the inspection station for reinspection at no charge when the vehicle was disapproved for either safety or emissions defects.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4D; 20-183.5;

Eff. October 1, 1994.

 

19A NCAC 03D .0531      REINSPECTION

(a)  Payment of the inspection fee at the time of the original inspection by the owner or operator of a "disapproved" vehicle entitles the vehicle to reinspection, free of charge, by the initial inspection station.

(b)  If the vehicle is approved following reinspection, the inspection mechanic shall check the appropriate block in the "Reinspected and Approved" column on the SI-15 (Receipt and Statement form), and indicate the date of reinspection.  The inspection mechanic shall issue the correct "Inspection Sticker" and collect the sticker fee as prescribed in G.S. 20-183.7.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(c); 20-183.7;

Eff. October 1, 1994.

 

19A NCAC 03D .0532      BRAKES

No vehicle brakes shall be approved for an inspection sticker unless the items indicated in this Rule  are inspected and found to meet the minimum requirements established in G.S. 20-124 and this Rule.

(1)           Footbrakes shall not be approved if:

(a)           When applying brakes to moving vehicle, braking force is not distributed evenly to all wheels originally equipped with brakes by the manufacturer.  (The inspection mechanic must drive vehicle to make this test.  The inspector may check the brakes while driving vehicle forward into the inspection area.)

(b)           There is audible indication (metal on metal) that the brake lining is worn to the extent that it is no longer serviceable.  (The wheel must be pulled and the brake lining examined when this occurs.)

(c)           Pedal reserve is less than 1/3 of the total possible travel when the brakes are fully applied, or does not meet the manufacturer's specification for power brakes or air brakes.

(d)           The reservoir of the master cylinder is not full.  (Only brake fluid meeting SAE specifications for heavy duty hydraulic brake fluid shall be used when adding or changing brake fluid.)

(e)           There is a visible leakage or audible seepage in hydraulic, vacuum or air lines and cylinders, or visible cracked, chafed, worn, or weakened hoses.

(f)            The vehicle has any part of the brake system removed or disconnected.

(g)           The brake pedal moves slowly toward the toeboard (indicating fluid leakage) while pedal pressure is maintained for one minute.

(2)           Inspection mechanics are not expected to remove wheels in order to inspect the brakes.  (Except as provided in Sub-item (1)(b) of this Rule.)  Inspection mechanic must raise vehicle to get beneath to check underside.

(3)           Handbrakes (auxiliary, parking or holding) shall not be approved if:

(a)           There is no lever reserve when the brake is fully applied.

(b)           Cables are visibly frayed or frozen, or there are missing or defective cotter pins or broken or missing retracting springs or worn rods or couplings.

(c)           The operating mechanism, when fully applied, fails to hold the brakes in the applied position without manual effort.

(d)           When emergency or handbrakes are applied they fail to hold vehicle.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(1);

Eff. October 1, 1994.

 

19A NCAC 03D .0533      LIGHTS

(a)  Headlights shall conform to the requirements of G.S. 20-129(b) and (c).  Headlights shall not be approved if:

(1)           There are not at least two headlamps (at least four on dual headlamp systems which require four units) on all self-propelled vehicles except that motorcycles and motor driven cycles need only one.

(2)           The lens produces other than a white or yellow light.

(3)           Any lens is cracked, broken, discolored, missing, or rotated away from the proper position, or any reflector is not clean and bright.

(4)           The high beam-low beam dimmer switch does not operate properly or the high beam indicator light does not burn on vehicles manufactured after January 1, 1956.

(5)           Lights can be moved easily by hand, due to a broken fender or loose support, or if a good ground is not made by the mounting.

(6)           Foreign materials (such as shields, half of lens painted) are placed on the headlamp lens that interferes with light beam of lamp.

(7)           Lights are improperly aimed.  (A light testing machine or light testing chart shall be used to determine this.)

(8)           Lights project a dazzling or glaring light when on low beam.

(b)  Rear Lights shall conform to the requirements of G.S. 20-129(d).  Taillights shall not be approved if:

(1)           All original equipped rear lamps or the equivalent are not in working order.

(2)           The lens is cracked, discolored, or of a color other than red.

(3)           They do not operate properly and project white light on the license plate.

(4)           They are not securely mounted.

(c)  Stoplights shall conform to the requirements of G.S. 20-129(g).  A stoplight shall not be approved if:

(1)           The lens is cracked, discolored or of a color other than red or amber.  Minor cracks on lenses shall not lead to disapproval unless water is likely to short out the bulb.

(2)           It does not come on when pressure is applied to foot brake.

(3)           It is not securely mounted so as to project a light to the rear.

(d)  Vehicles shall have the lights as required by G.S. 20-129.1.

(e)  Parking lights shall conform to the requirements of G.S. 20-134.  A vehicle shall not be approved if parking lights are not working.

(f)  Back-Up Lamps.  Any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps but any such back-up lamp shall not be lighted when the motor vehicle is in a forward motion nor shall the back-up lamp emit any color other than white.  A back-up lamp is not a mandatory requirement.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994.

 

19A NCAC 03D .0534      HORN

(a)  The horn shall not be approved if:

(1)           It will not emit a sound audible for a distance of at least 200 feet, or it emits an unusually loud or harsh sound.  Original equipment in working order will meet these requirements.

(2)           It has frayed, broken, or missing wiring; if wiring harnesses are broken or missing; if horn button is not mounted securely and in a position which is easily accessible to the driver; or if the horn is not securely mounted to the motor vehicle.

(3)           Operation of the horn interferes with the operation of any other mechanism.

(b)  Vehicles equipped with sirens shall not be approved unless they are within the class listed in G.S. 20-125(b) as being authorized to­ carry a siren.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994.

 

19A NCAC 03D .0535      STEERING MECHANISM

(a)  The inspection mechanic must raise vehicle to get beneath to check steering mechanism.

(b)  The steering mechanism shall not be approved if:

(1)           With front wheels in straight ahead position there is more than three inches of free play in steering wheels up to 18 inches in diameter or more than four inches of free play in steering wheels over 18 inches in diameter.  If vehicle is equipped with power steering, the engine must be operating.

(2)           Either front or rear springs are noticeably sagging or broken.

(3)           The front wheels or front end assembly is bent or twisted or bolts, nuts or rivets are loose or missing.

(4)           Power steering system shows visible leaks or the power steering belt is loose or worn.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(4);

Eff. October 1, 1994.

 

19A NCAC 03D .0536      WINDSHIELD WIPER

Windshield wipers shall not be approved if:

(1)           The vehicle is not equipped with a windshield wiper or wipers, provided the vehicle has a windshield.

(2)           The wiper or wipers do not operate freely.

(3)           The wiper controls are not so constructed and located that the driver may operate them.

(4)           The wiper or wipers are not adequate to clean rain, snow and other matter from the windshield.

(5)           Parts of blades or arms are missing or show evidence of damage.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(5);

Eff. October 1, 1994.

 

19A NCAC 03D .0537      DIRECTIONAL SIGNALS

(a)  G.S. 20-125.1 requires all vehicles except motorcycles beginning with the 1954 models to be equipped with turn signals.

(b)  Vehicles required to have signals shall be inspected and disapproved if:

(1)           Signals are not present and of a type approved by the Commissioner as specified in G.S. 20-125.1. Original directional signals on vehicles manufactured after July 1, 1953, are considered to be of a type approved by the Commissioner.  Such signals shall be those which will allow the operator of the vehicle to clearly show another operator approaching from a distance of 200 feet from the front or rear his intention to turn the vehicle.

(2)           All lights do not operate properly, or if any lenses are broken, missing, or do not fit properly.

(3)           Signal lens color is other than red or amber on the rear and other than white or amber on the front.

(4)           Lamps are not securely mounted or wiring and connections are not in good condition.

(5)           Signals are not visible from front or back due to faulty or damaged mounting or due to manner in which mounted.

(6)           Switch is not so located as to be convenient for the driver to operate and so that its operation does not interfere with operation of other mechanisms.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(6);

Eff. October 1, 1994.

 

19A NCAC 03D .0538      TIRES

(a)  A vehicle shall be disapproved if:

(1)           Any tire has cuts or snags that expose the cords.

(2)           Any tire has a visible bump, bulge, or knot apparently related to tread or sidewall separation or partial failure of the tire structure including bead area.

(b)  Tire depth shall be measured by a tread depth gauge which shall be of a type calibrated in thirty-seconds of an inch.  Readings shall be taken in two adjacent tread grooves of the tire around the circumference of the tire.  Readings for a tire with a tread design that does not have two adjacent grooves near the center shall be taken at the center of the tire around the circumference of the tire.  Each tire must be completely lifted from the ground for an inspection to be performed.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(7);

Eff. October 1, 1994.

 

19A NCAC 03D .0539      TIRES - DEFINITIONS

As used in this and the preceding Rule, these terms have the following meaning:

(1)           Rim is a metal support for the tire or tire and tube assembly on the wheel.  Tire beads are seated on the rim.

(2)           Bead is that part of the tire which is shaped to fit the rim.  The bead is made of high tensile steel wires wrapped and reinforced by the plies.

(3)           Sidewall is that portion of the tire between tread and bead.

(4)           Cord is made from textile, steel wire strands forming the plies or other structure of the tires.

(5)           Ply is layers of rubber coated parallel cords forming the tire body.

(6)           Rib is the tread section running circumferentially around the tire.

(7)           Groove is the space between two tread ribs.  A tire shall not be approved if there is less than 2/32 inch tread at two or more locations around the circumference of the tire in two adjacent major tread grooves or if the tread wear indicators are in contact with the roadway at two or more locations around the circumference of the tire in two adjacent major tread grooves.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(7);

Eff. October 1, 1994.

 

19A NCAC 03D .0540      REAR VIEW MIRRORS

Rear view mirrors shall not be approved if:

(1)           Loosely mounted.

(2)           Forward vision of the device is obstructed by mirror assembly.

(3)           They do not provide a clear view of the highway to the rear.

(4)           Cracked, broken, have sharp edges or can not be cleaned such that rear vision is not obscured.

(5)           Very difficult to adjust or they will not maintain a set adjustment.

(6)           Bus, truck or truck-tractor with a GVWR of 10,001 pounds or more is not equipped with a rear vision mirror on each side.

(7)           Vehicles manufactured, assembled, or first sold after January 1, 1966 are not equipped with outside rear view mirrors on the driver's side.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(8);

Eff. October 1, 1994.

 

19A NCAC 03D .0541      EXHAUST EMISSION CONTROLS

(a)  An exhaust emission shall not be approved if the vehicle is a 1968 year model or newer and any of the visible emission control devices placed thereon by the manufacturer are missing, disconnected, made inoperative or have been altered without approval of the Department of Environment, Health, and Natural Resources.

(b)  If the unleaded gas restrictor on a vehicle manufactured after model year 1967 has been altered or removed a new or reconditioned catalytic converter and unleaded gas restrictor must be replaced before the vehicle passes inspection.

(c)  An exhaust system shall not be approved if:

(1)           The vehicle has no muffler.

(2)           The muffler, exhaust or tail pipes have leaking joints.

(3)           The exhaust or tail pipes have holes, leaking seams or leaking patches on muffler.

(4)           The tail pipe end is pinched.

(5)           The exhaust system is equipped with muffler cut-out or muffler by-pass.

(6)           Any part of the system passes through the passenger compartment.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(9);

Eff. October 1, 1994.

 

19A NCAC 03D .0542      EMISSIONS CONTROL DEVICE

Pursuant to G.S. 20-183.8A(2), a civil penalty shall be assessed against individuals who instruct or allow a person to remove, disconnect, tamper with, or render inoperable any emissions control device equipped by the manufacturer of any motor vehicle as described in G.S. 20-183.3.  These devices include:

(1)           Catalytic converter,

(2)           Unleaded gas restrictor,

(3)           Air pump system,

(4)           EGR valve,

(5)           PCV valve,

(6)           Thermostatic air cleaner,

(7)           Evaporative emission system,

(8)           Oxygen sensor.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.8A;

Eff. October 1, 1994.

 

19A NCAC 03D .0543      INSPECTION PROCEDURE FOR EMISSIONS EQUIPMENT

(a)  In addition to the required safety inspection, all gasoline-powered motor vehicles which are registered or based in an exhaust emission county and which are 1975 model year or newer shall have an exhaust emission test.  This exhaust emission test is in addition to the safety inspection required in the rules in this Section and shall be administered as a part of the regular inspection only.  The exhaust emission readings resulting from the test must be at or below the standards as set forth in Paragraph (e) of this Rule or a waiver must be issued by the Commissioner of Motor Vehicles or his designated agent as specified in 19A NCAC 3D .0551.  The current year model vehicle shall be subject to the exhaust emissions inspection if presented for reinspection at anytime after the original inspection.

(b)  Vehicles which are purchased in a non-exhaust emission county and which are to be based in an exhaust emission county, shall, within 10 days of purchase, be reinspected in compliance with the Safety Equipment Exhaust Emission requirements.

(c)  The following requirements shall be adhered to by the license inspection station for calibration of the exhaust emission analyzer(s) used for state inspections.  The requirements are:

(1)           Inspections shall be performed only with an analyzer and software which has been certified by N.C. DEHNR.

(2)           All certified analyzers shall automatically require the inspection mechanic to perform a self-calibration and leak test every three days.  If the analyzer does not require a gas calibration/leak test every three days, no additional inspections shall be performed and the DMV Inspector shall be notified.

(3)           All analyzers must be equipped with two tanks of span gases in the following concentrations:

(A)          1.0% carbon monoxide, 6.0% carbon dioxide and 300 PPM Propane;

(B)          4.0% carbon monoxide, 12.0% carbon dioxide and 1200 PPM Propane.

(4)           All analyzer maintenance shall be performed according to the manufacturer's specifications and reported on a maintenance log which shall be maintained at each station.  Items to be recorded include:

(A)          all filter replacements;

(B)          water trap service; and

(C)          any replacement or repair of the probe or sample line.

(5)           Multi Point Calibration Requirements.

(A)          In high-volume stations (those performing 5000 or more tests per year), analyzers shall undergo two point calibrations each operating day and shall continually compensate for changes in barometric pressure.  Calibration shall be checked at least every four hours and the analyzer adjusted if the reading is more than 2% different from the span gas value.  Each time the analyzer electronic or optical systems are repaired or replaced, a gas calibration shall be performed prior to returning the unit to service.

(B)          In high-volume stations, monthly multi-point calibrations shall be performed.  Low-volume stations shall perform multi-point calibrations every six months.  The calibration curve shall be checked at 20%, 40%, 60%, and 80% of full scale and adjusted or repaired to meet specifications listed in 40 CFR Part 51, Appendix D(I)(b)(1) which is hereby incorporated by reference, including all subsequent editions.  This publication is available upon request at no cost from DMV Enforcement, 1100 New Bern Avenue, Raleigh, NC 27697, telephone (919) 733-7872.  The necessary additional calibration gas bottles need not be a permanent part of the analyzer, but the analyzer software must require the periodic multi-point calibration and the analyzer hardware must accept the calibration gas from an external source.

(C)          Gas calibration shall be accomplished by introducing National Bureau of Standards traceable gases into the analyzer either through the calibration port or through the probe.  Span gases utilized for calibration shall be within two percent of the required span points.

(6)           Requirements for keeping and submitting records are as follows:

(A)          Copies of the "Receipt and Statement" shall be removed from the analyzer at the time of download and filed with other business records and kept in sequence for review by the DMV Inspector during his audit.  These copies of the "Receipt and Statement" must be retained for 18 months.

(B)          A monthly report shall be submitted electronically by the analyzer on the date and time specified by the Division.  It is the station's responsibility to connect the analyzer to the proper telephone line and leave the machine properly powered for the telephone transmittal of records on the specified date and time each and every month.  Failure to comply with this requirement may result in the suspension of the station license.

(C)          Station owner(s) shall maintain the printer in a condition so that all copies of the Vehicle Inspection Receipt/Statement are clear and legible.

(d)  The procedures for inspection shall be as follows:

(1)           The vehicle's engine must be at normal operating temperature, and all accessories must be off.

(2)           The exhaust system from the engine manifold to the rear most portion of the tailpipe shall be examined to determine that the exhaust system is free from cracks, holes or dents which would restrict, reduce, allow leakage or any way prohibit the free flow of exhaust from the engine to the rear most portion of the tailpipe.  The Exhaust Emissions Test requires one analyzer probe to be inserted 10" to 16" in the end of tailpipe.  If the exhaust system is defective (leaking joints, holes, leaking seams, or leaking patches) this could interfere with an accurate exhaust emissions reading. A defective exhaust system is a failure item under the safety inspection requirements.

(3)           The inspection mechanic shall conduct the emission test with the use of an exhaust emission analyzer which has met N.C. DEHNR certification and has been approved by the North Carolina Commissioner of Motor Vehicles or his designated agent.  Standards for inspection are found in the publication, "Specification for the North Carolina Analyzer System" which is hereby incorporated by reference, including all subsequent amendments and editions.  This publication is available at no cost from the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management Air Quality Section, Mobile Sources, 15 North West Street, Raleigh, NC 27626, telephone 919-733-1481.

(4)           The emission's test shall be conducted using the following procedures: (All instructions provided by the analyzer must be followed):

(A)          Idle Mode Emission Test:

(i)            Analyzer must be warmed-up.

(ii)           The analyzer shall prompt the inspector to test the vehicle in as-received condition with the transmission in neutral or park.  All accessories shall be turned off and the engine running at normal operating temperature.

(iii)          The inspector shall deploy a tachometer, insert the sample probe into the tailpipe, then the test sequence shall begin.

(iv)          Pre-condition mode shall initiate when engine speed is between 2200 and 2800 RPM and continue for 30 seconds.

(v)           Idle mode test shall start when the vehicle engine speed is between 350 and 1100 RPM.  The mode shall last a minimum of 30 seconds and a maximum of 90 seconds.

(vi)          If the vehicle passes, the reported scores shall be the passing readings.  If the vehicle fails, the inspector shall proceed to the second chance test.

(vii)         Second chance pre-condition mode shall initiate when engine speed is between 2200 and 2800 RPM and continue for 180 seconds.

(viii)        Second chance idle test shall start when the vehicle engine speed is between 350 and 1100 RPM.  The mode shall last for a maximum of 90 seconds.  NOTE: The engine shall be shut off and restarted for 1981-1986 Ford Motor Company products and 1984-1985 Honda Preludes, as instructed by the analyzer.

(ix)          The pass/fail analysis shall begin after an initial time delay of 10 seconds.

(x)           The pass/fail determination is made based on a comparison of the HC and CO readings against the idle emission standards for that particular vehicle.

(B)          The analyzer shall test and disapprove a vehicle when the Carbon Monoxide (CO) or Hydrocarbon (HC) reading of the inspected vehicle is higher than the standards set forth in Paragraph (e) of this Rule.

(e)  The following chart indicates the maximum allowed Emission Standards which became effective April 1,1991:

CARBON MONOXIDE                     HYDROCARBON

      CO STANDARD                           HC STANDARD

VEHICLE CLASS               MODEL YEAR                             AT IDLE (0%)                              AT IDLE (PPM)

Light-duty vehicles                   1975-1977                                      4.5                                                       450

     1978-1979                                      3.5                                                       350

     1980                                                 2.0                                                       250

     1981 & later                                    1.2                                                       220

Heavy-duty vehicles                1975-78                                           5.0                                                       500

     1979 & later                                    4.0                                                       400

(f)  A challenge waiver may be issued by the Commissioner of Motor Vehicles or his designated agent.  If the owner/operator of the vehicle suspects the analyzer is incorrect, he may petition the Division of Motor Vehicles to test the vehicle in question to determine the analyzer's accuracy.  If the test determines the vehicle to be in compliance with the Emission Standards, a challenge waiver shall be issued and the Division shall immediately require an examination of the station analyzer in question and take corrective action.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994.

 

19A NCAC 03D .0544      SAFETY INSPECTION OF MOTORCYCLES

(a)  Motorcycle brakes shall fail safety inspection if:

(1)           When applying brakes to moving vehicle, there is insufficient force to stop the vehicle.

(2)           Brakes are worn in such a manner that there is an uneven braking force.

(3)           There is an audible or visual indication that the brake lining is worn to the extent it is no longer serviceable.

(4)           There is less than one-third reserve in either footbrake or handbrake total possible travel when the brakes are fully applied.

(5)           Reservoirs of braking cylinders are not full.

(6)           There is a visible leakage of fluid from any brake line or brake component.

(7)           Handbrake cables are frayed, broken, or frozen or linkage is defective.

(b)  Motorcycle headlamps shall fail safety inspection if:

(1)           Headlamp does not operate properly.

(2)           There are more than two headlamps connected on a single switch.

(3)           Headlamp is cracked or has holes which allow entry of water.

(4)           There is standing water in the headlamp.

(5)           Headlamp is out of proper aim.

(c)  Motorcycle rear lamps shall fail safety inspection if:

(1)           They do not operate.

(2)           Light is a color other than red.

(3)           Light is cracked or broken and allows entry of water.

(4)           There is standing water in the lens.

(5)           Lamp is not securely mounted.

(6)           Wiring is broken or frayed.

(d)  A motorcycle stop lamp shall fail safety inspection if:

(1)           Lamp does not operate when brakes are applied.

(2)           Light is a color other than red or amber.

(3)           Light is cracked or broken or allows entry of water.

(4)           There is standing water in the lens.

(5)           Lamp is not securely mounted.

(6)           Wiring is broken or frayed.

(e)  A motorcycle license plate light shall fail safety inspection if:

(1)           Light does not operate.

(2)           Light does not illuminate the license plate.

(3)           Light is a color other than white.

(f)  A motorcycle horn shall fail safety inspection if:

(1)           The horn does not operate.

(2)           The sound emitted is not audible at 200 feet.

(3)           The horn is not securely mounted.

(4)           The button is mounted so that it can not be easily operated by the driver.

(g)  Motorcycle tires shall fail safety inspection if:

(1)           There is less than two thirty-seconds of an inch of tread at two or more locations around the circumference of the tire in two adjacent major tread grooves, or if the tread wear indicators are in contact with the roadway at two or more locations around the circumference of the tire.

(2)           Cords are exposed at any location on the tire.

(3)           Sidewall is cut, bulging, damaged or is severely cracked due to dry rotting.

(h)  Motorcycle rear view mirrors shall fail safety inspection if:

(1)           The mirrors are missing, broken, or cracked.

(2)           The mirrors are not securely mounted.

(3)           The mirrors will not hold a setting while vehicle is in operation.

(i)  A motorcycle exhaust system shall fail safety inspection if:

(1)           The motorcycle has no muffler.

(2)           The muffler, exhaust or tailpipe have holes, leaking joints, seams, or patches.

(3)           The tailpipe end is pinched.

(4)           The exhaust system is equipped with a muffler cut out or bypass.

(5)           The muffler baffles have been removed or damaged to create a straight pipe.

(j)  A motorcycle steering mechanism shall fail safety inspection if:

(1)           Front shocks are sagging or broken.

(2)           Front end assembly is bent or there are damaged or twisted bolts.

(3)           Front end nuts, bolts, or rivets are loose or missing.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994.

 

19A NCAC 03D .0545      INVESTIGATION/AUDITS/ SAFETY OR EXHAUST EMISSIONS INSPECTION STATIONS

(a)  Gas Audit Inspection: A DMV Inspector shall make a check of each station's calibration gas four times a year.  This check is accomplished by measuring the concentration of the certified audit gas on the station's analyzer after calibration with the station's gas.  If an analyzer fails it shall be placed in a lockout position until brought into compliance by the manufacturer and certified by retesting.

(b)  Complaints To Be Investigated: All bona fide complaints received by the Commissioner about any inspection station shall be investigated for the purpose of determining whether there has been a violation of the inspection laws.

(c)  Appropriate Action To Be Taken: When it appears from any investigation that the inspection law, has been violated by an inspection station or its agents or employees, or by a Self-inspector, the Commissioner shall take the appropriate action which may include but is not limited to suspension or revocation of the station's license and inspector certifications.  When any such license is suspended or revoked, the owner of the station shall return the licens­e, all unused inspection stickers, required records and reports and forms and supplies on hand to the Commissioner.

(d)  Report of Undercover Investigation: Periodic checks shall be made by undercover officers of the Division of Motor Vehicles routinely and upon receipt of complaints to determine compliance with inspection laws.  If violations are detected, administrative action shall be taken by the Division of Motor Vehicles against the licensed station and the inspection mechanic.

(e)  Revocation, Suspension or Denial: Any safety equipment or safety equipment exhaust emission inspection station whose license has been revoked or suspended may, prior to such revocation or suspension order being served, request a hearing before the Commissioner and in such cases the hearing shall be held as soon as practicable.  To ensure such an opportunity to the licensee, an agent of the Commissioner shall offer in writing said hearing prior to serving a suspension or revocation order.  If the licensee­ requests a hearing prior to the revocation or suspension order being served, the licensee shall be allowed to continue conducting inspections.  The Commissioner, following such hearing, may rescind, amend or affirm the revocation or suspension order.

(f)  When an authorized agent of the Division of Motor Vehicles Enforcement Section detects a violation, he shall immediately advise the owner/operator to discontinue all inspections/operations until he is in compliance and approved by the Division of Motor Vehicles Enforcement Section Inspector.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6A; 20-183.8D; 20-183.8E;

Eff. October 1, 1994.

 

19A NCAC 03D .0546      LICENSING TO REPLACE WINDSHIELD INSPECTION STICKERS

Application for authority to replace windshield inspection stickers shall be made on forms furnished by the Enforcement Section of the North Carolina Division of Motor Vehicles and filed at the Motor Vehicle Building, 1100 New Bern Avenue, Raleigh, North Carolina, 27697.  The applicant shall be engaged in the business of replacing windshields.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6;

Eff. October 1, 1994.

 

19A NCAC 03D .0547      DENIAL/SUSP.OR REVOC/REGISTRATION TO REPLACE WINDSHIELD INSPE. STICKER

(a)  The Commissioner shall deny the application of any applicant for Replacement of Inspection Stickers Upon Replacement of Windshield for Station Registration who fails to meet the following qualifications:

(1)           Permanent established place of business accessible to the Division of Motor Vehicles for audit of records;

(2)           In the business of replacing windshields;

(3)           Not currently under suspension or revocation as either a safety, safety/emissions, or windshield replacement station.

(b)  The registration of any business authorized to replace windshield inspection stickers shall be subject to suspension or revocation for failure to comply with the North Carolina General Statutes or these Rules governing the issuing of replacement inspection stickers and the required reporting procedure.

(c)  Upon suspension or revocation of a registration such business shall surrender all unused inspection stickers to the Division of Motor Vehicles.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6;

Eff. October 1, 1994.

 

19A NCAC 03D .0548      OPERATION TO REPLACE WINDSHIELD INSPECTION STICKERS

(a)  The business may include a charge to its customer for a replaced windshield sticker of the actual amount paid to the Motor Vehicle Division for such sticker.

(b)  Inspection stickers:

(1)           Acquisition.

(A)          Orders for inspection stickers may be placed with a local agent of the Enforcement Section. Requests for safety inspection stickers must be accompanied by remittance in the amounts required in G.S. 20-183.7.  Orders for stickers shall be placed in units of 50.

(B)          Orders placed for inspection stickers shall be on forms prepared by the Division and shall bear the signature of the owner, partner, officer of the corporation or an authorized representative. Such forms shall upon request be furnished by the Division.  The stickers shall be delivered in a manner determined by the Division.

(C)          All businesses authorized to replace windshield inspection stickers shall keep a supply of inspection stickers and numeral inserts on hand at all times.

(2)           Application of Sticker:  The inspection sticker shall be placed on the new windshield at the bottom of the left side so that the left edge of the sticker is no more than one inch from the left side of the windshield.  Prior to affixing the inspection sticker the appropriate numeral inserts indicating the month and year the vehicle was previously inspected shall be attached.  The person plac­ing this sticker on the new windshield shall enter on such sticker in the appropriate spaces the same date of inspection, odometer mileage and inspection station's registration number as that shown on the sticker attached to the windshield removed.  At the space marked "Inspected By" the registration number assigned to the business replacing the windshield and the initials of the person affixing the sticker shall be entered.  This information shall be entered on th­e sticker with a ball point pen or a laundry marking pen.  Glass/plastic windshields require a platform to prevent damage to the windshield.  The inspection sticker shall be affixed to the platform.  When the sticker is removed it shall be self voiding.

(3)           Control:

(A)          All businesses authorized to replace windshield inspection stickers shall be held strictly accountable for inspection stickers in their possession.  Any such business losing or not accounting for any inspection stickers shall be subject to revocation or suspension of their registration to replace windshield inspection stickers.  Stickers shall be locked in a safe place to guard against loss or theft.

(B)          Upon discovery of a loss or theft of any inspection stickers the person registered must as soon as practicable report such loss or theft to the Enforcement Section, Motor Vehicles Building, 1100 New Bern Avenue, Raleigh, North Carolina, 27697.  Oral reports shall be made upon discovery of loss or theft by the quickest means available to the local Enforcement Inspector.

(C)          Businesses registered to replace windshield inspection stickers shall not furnish, give, loan or sell inspection stickers to any other registered business, inspection station, self-inspector or any other person.

(D)          Inspection stickers shall not be transferred or reissued.  They may only be affixed to the vehicle as designated on the inspection report sheet and only when the windshield has been replaced by the person registered.

(E)           Each registered business shall protect stickers from larceny or damage and no refund shall be allowed for stolen, soiled, lost or torn stickers and the count of the Division for returned stickers shall be accepted as final.  An account must be made for all unused stickers.  Refund shall be made for unused stickers upon termination of registration of such place of business.

(F)           All inspection supplies, unused stickers, copies of receipts and statements pertaining to the issuance of stickers, all bulletins and all forms issued by the Division of Motor Vehicles pursuant to the carrying out of this program are the property of the Division of Motor Vehicles and must be treated as such by the person registered.  Upon suspension or revocation of any registration issued to a business to replace windshield inspection stickers or whenever any person registered voluntarily surrender­s such registration or ceases to do business, all items held by such person registered in carrying out this program shall be surrendered to the Division of Motor Vehicles.  Such items shall be inventoried by the designated agent of the Division of Motor Vehicles and shall be receipted upon surrender.

(4)           Requirements and Records:

(A)          Monthly report forms.  Each registered windshield replacement station shall maintain at the station a monthly report sheet listing the beginning and ending numbers for each series of stickers placed on windshields upon forms furnished by the Division.  This report shall be completed in duplicate and the original forwarded to the Enforcement Section, North Carolina Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina 27697, monthly on or before the 10th of the month following the month for which it was completed.  The second copy shall be­ retained by the station for a period of at least 18 months.

(B)          Registered business which replace windshield inspection stickers shall furnish the operator of each vehicle in which they have replaced a windshield and affixed an inspection sticker an authorized "Receipt and Statement".  This form shall be made in duplicate, upon forms furnished by the Division of Motor Vehicles and a copy shall be retained by the person registered for a period of at least 18 months following the date the sticker is placed on the windshield.

(C)          Records available.  Each windshield replacement station shall maintain records required and such records shall be made available for inspection by any law enforcement officer, upon demand, during normal business hours.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6;

Eff. October 1, 1994.

 

19A NCAC 03D .0549      APPROVAL AND DISAPPROVAL OF VEHICLES

Vehicles shall not be disapproved for any reason other than those specified in 19A NCAC 03D .0533 through 03D .0553.

 

History Note:        Filed as a Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20-2; 20-39; 20-127; 20-183.2; 20-183.3; 20-183.6(a); 20-183.7(a);

Eff. October 1, 1994;

Amended Eff. February 1, 1996.

 

19A NCAC 03D .0550      WAIVERS FROM EXHAUST EMISSIONS TEST REQUIREMENTS

(a)  The Commissioner, or Enforcement Section employees who are designated by the Commissioner, may issue a written waiver from the applicable exhaust emissions test standards for any vehicle, except vehicles listed in Paragraph (g) of this Rule, if the waiver issuance criteria have been met.

(b)  A written waiver shall be issued in accordance with this rule upon request when all of the following criteria have been met to the satisfaction of the Commissioner or the designated Enforcement Section employee:

(1)           The vehicle passed the safety portion of the inspection as shown by the vehicle inspection receipt completed by the licensed self-inspector or inspection station that performed the inspection.

(2)           The vehicle failed the exhaust emissions portion of the inspection as shown by the vehicle inspection receipt completed by the licensed self-inspector or inspection station that performed the inspection.

(3)           The vehicle is equipped with each exhaust emissions control device listed in Rule .0543 of this Section, if such device was equipped on the vehicle by the manufacturer.  If the unleaded gas restrictor has been removed or rendered inoperable, the catalytic converter must be replaced.

(4)           Qualifying repairs have been completed on the vehicle within 45 days following the initial failed exhaust emissions inspection.  Proof of repairs must be shown by itemized and dated receipts from the person or business that provided the repair service or parts.  Receipts for parts shall name the part and not just the stock number.  Qualifying repairs means repairs performed on a vehicle for the purpose of repairing the cause of the exhaust emissions inspection failure.  The repairs must be appropriate to the cause of the test failure.  A visual inspection of the vehicle shall be made by the designated Enforcement Section employee to determine if repairs were actually performed if, given the nature of the repair, this can be visually confirmed.

(A)          For pre-1981 model year vehicles, qualifying repairs may be performed by any person, including the vehicle owner.

(B)          For 1981 and later model year vehicles, qualifying repairs must be performed by a person who is professionally engaged in vehicle repairs or who is employed by a business whose purpose is vehicle repair or who possesses a certification from the National Institute For Automotive Service Excellence for emission-related diagnosis and repair.

(5)           The minimum repair expenditure applicable to the vehicle has been met by having qualifying repairs performed on the vehicle.

(A)          For 1975-1980 model year vehicles, the minimum repair expenditure is seventy-five dollars ($75.00).  Only the costs of parts are applied toward the minimum repair expenditure on these vehicles if the repairs are performed by the vehicle owner or by a person who is not professional­ly engaged in vehicle repairs or who is not employed by a business whose purpose is vehicle repair or who does not possess a certification from the National Institute For Automotive Service Excellence for emission-related diagnosis and repair.

(B)          For 1981 and later model year vehicles, the minimum repair expenditure is two hundred dollars ($200.00), including parts and labor costs.

(C)          The cost of repairs to correct or replace emissions control devices that have been removed, disconnected or rendered inoperable shall not be applied toward the minimum repair expenditure for any vehicle, regardless of model year.

(D)          The cost of diagnostic testing to determine whether the vehicle meets exhaust emissions standards shall not be applied toward the minimum repair expenditure.

(E)           Any available warranty coverage on the vehicle must be used to obtain the needed repairs before expenditures may be applied to the minimum repair expenditure.

(6)           The vehicle owner has received a written denial of warranty coverage from the vehicle manufacturer or authorized dealer if the vehicle is within the statutory age and mileage coverage under section 207(b) of the Federal Clean Air Act [42 U.S.C. 754l(b)].

(7)           After qualifying repairs have been completed and within 45 days after failing the initial exhaust emissions inspection, the vehicle failed another exhaust emissions inspection as shown by the vehicle inspection receipt completed by the licensed self-inspector or inspection station that performed the inspection.

(c)  The vehicle owner or person authorized by the owner must request the waiver and present the vehicle and current registration sticker at the Division Enforcement Section office that serves the county in which the vehicle is registered.  The receipts and other documents required by Paragraph (b) of this Rule must be submitted to the designated Enforcement Section employee at the time of the request for a waiver.

(d)  The designated Enforcement Section employee shall review the receipts and documents submitted in connection with the waiver request and shall make a visual inspection of the vehicle to verify that the criteria listed in Paragraph (b) of this Rule have been met.  If the Enforcement Section employee is satisfied that the waiver criteria have been met, the Division must issue a written waiver for the vehicle on a form provided by the Division.

(e)  The vehicle owner or person authorized by the owner must present the waiver to the licensed self-inspector or inspection station that performed the initial safety and exhaust emissions inspection.  The self-inspector or inspection station shall reinspect the vehicle in accordance with the rules under this Section, except for the exhaust emissions portion of the inspection.  The waiver authorization number shown on the written waiver must be entered into the exhaust emissions analyzer.  If the vehicle meets all other requirements of the inspection, the self-inspector or inspection station shall affix a valid inspection sticker to the vehicle which shall expire at the same time it would if the vehicle had passed the exhaust emissions inspection.

(f)  Each self-inspector and inspection station must maintain a copy of the written waivers for vehicles inspected and approved by the station for at least 18 months in the same manner and under the same conditions as other inspection records which are required to be maintained pursuant to G.S. 20-183.6A(b).

(g)  Waivers shall not be issued for any of the following vehicles:

(1)           Vehicles that are owned, operated or leased by a licensed self-inspector;

(2)           Vehicles that are owned or being held for retail sale by a motor vehicle dealer, as defined in G.S. 20-286(11).

 

History Note:        Authority G.S. 20-39; 20-183.5;

Eff. October 1, 1994.

 

19A NCAC 03D .0551      WINDOW TINTING

(a)  All stations performing window tinting inspections shall have a light meter or photometer which has been properly tested and approved by the Commissioner of Motor Vehicles.  Stations which do not have an approved light meter shall not inspect vehicles with applications of after-factory window tinting.  Stations are not required to maintain a light meter in order to perform safety inspections on vehicles without after-factory window tinting.

(1)           The inspection mechanic shall determine if the vehicle has after-factory window tinting prior to beginning the inspection.  The mechanic may use an automotive film check card or knowledge of window tinting techniques to determine if a vehicle has after-factory tint applied to any window of the vehicle.

(2)           If a station determines a vehicle has after-factory window tinting but does not have an approved light meter, the mechanic must inform the customer he is unable to perform the inspection.  The station may not charge for any portion of the inspection.

(b)  All windows with applications of after-factory window tinting shall be inspected with an approved photometer which is properly calibrated and functioning.

(c)  Prior to performing a test on a vehicle, the mechanic shall test the photometer for accuracy by checking the calibration against a reference sample of glass provided by the manufacturer.  If the photometer indicates the device exceeds the net light transmission by + or - three percentage points, the unit shall be considered out of calibration and may not be used until properly calibrated.  The unit's digital display must also be checked to ensure all digital display segments are lit and properly functioning.

(1)           The reference glass sample must be clean and free of dirt prior to performing the calibration check.

(2)           If a reference glass sample has been broken or is missing, the test shall not be performed and the mechanic shall inform the customer he is unable to perform the inspection.

(3)           If a digital display segment is not functioning, the test shall not be performed and the mechanic shall inform the customer he is unable to perform the inspection.  The unit may not be used until it is repaired.

(4)           The windows to be tested shall be clean and free of dirt or moisture.

(d)  The test shall be performed according to the photometer manufacturer's recommendations.

(e)  Window tint shall fail safety inspection if:

(1)           Any window on the vehicle with after-factory tint has a light transmittance of less than 32%.

(2)           The tint on any window is red, yellow, or amber.

(3)           The tint on the windshield extends more than five inches below the top of the windshield or is below the AS1 line of the windshield, whichever measurement is longer.

(4)           The light reflectance of a tinted window is not 20% or less.

(f)  Window tinting on vehicles with after-factory window tint shall not be inspected if the vehicle is exempt from the window tinting restrictions under G.S. 20-127(c).

(g)  The mechanic shall collect the fee as specified in G.S. 20-183.7(a) for performing the inspection.

(h)  The fee for inspecting window tinting may only be charged for vehicles with after-factory tint applied.  If the light transmission exceeds 65%, the vehicle shall not be considered to have after-factory tint and the mechanic shall not charge the fee as specified in G.S. 20-183.7(a).

(i)  Standards for devices used to measure light transmittance through vehicle windshields and windows are as provided in this section.  These standards include but are not limited to portable devices used within the State of North Carolina to measure light transmittance through vehicle windshields and windows pursuant to G.S. 20-127.  These devices shall be provided with a standard reference sample and procedure for taking readings utilizing the reference sample.  The device light source shall be mid-range in the visible spectrum (560nm +/- 20nm) and shall not emit in the ultraviolet and infrared portions of the electromagnetic spectrum.

(j)  The standardization of glass reference samples shall be traceable to the National Institute of Standards and Technology (NIST).

 

History Note:        Filed as a Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20-2; 20-39; 20-127; 20-183.6(a); 20-183.7(a);

Eff. February 1, 1996.

 

19A NCAC 03D .0552      PHOTOMETER DESIGN AND PERFORMANCE REQUIREMENTS

(a)  Multi-piece photometers shall be designed to be operated by one person on front windows, roll-down and non-roll-down side windows, and rear windows with up to 1/4-inch glass thickness.  The multi-piece photometer shall have a three-digit digital readout capable of displaying from 00.0% to 99.9% transmittance with a resolution to the nearest 1/10 of 1%.

(b)  The multi-piece photometer shall incorporate an automatic alignment feature or positive alignment indication such that the alignment of the transmitter and receiver are accomplished either automatically by respective devices or through an electronic noise indicating proper alignment, a light indicating proper alignment, or a feature which prevents readings being taken without the device being properly aligned.  The automatic field of view of the transmitter and receiver shall be large enough to provide a stable and accurate reading of the true net transmittance of the measured window.

(c)  All photometric devices shall maintain unit accuracy within + or - three percentage points of reference samples between ten and seventy percent net light transmission.

(d)  All photometric devices shall have a repeatability of + or - one percentage point from reading to reading.

(e)  If the unit's supply voltage falls below the usable operating range, the device shall produce a low battery indication or fail to perform testing.  Accurate readings must not be affected by the unit's supply voltage.  The unit's power supply shall be capable of producing a minimum of 200 readings before replacement or recharge.

(f)  Photometric devices shall not be affected by light sources other than the unit's  source light.  In addition to physical light barriers such as felt covers, rubber gaskets, the photometer shall include some form of electronic filtration or cancella­tion of any stray or ambient light sources.  Units with readings affected by outside stray or ambient light sources shall not be acceptable.

(g)  Photometric devices shall not be affected by interference generated by electric equipment, tools, or lighting devices.  Readings shall not fluctuate when close to operating electric motors or lighting sources.

(h)  Operating humidity range shall be 0-100% non-condensing.  Operating temperature range shall be zero to 110 degrees F.

(i)  Photometric devices shall incorporate a means of compensating for temperature and humidity changes within the stated ranges of this Rule.  Acceptable units shall be capable of demonstrating both accuracy and repeatability of transmittance readings throughout the operating temperature and humidity ranges under Paragraph (h) of this Rule.

(j)  The multi-piece photometer's transmitter shall have a light source capable of providing a uniform intensity beam that can accommodate the alignment capabilities of the receiver.  Multi-piece photometers shall incorporate a means of self-alignment or positive alignment indication that shall be accomplished when the source and detector units are placed on their respective surfaces of the glazing to be measured as described in Paragraph (a) of this Rule.  The alignment shall be accurate enough to position the detector unit well within the uniform beam of the source.  The result of this alignment feature shall be data that meets the accuracy and repeatability require­ments of this Rule.

(k)  Reference samples shall be glass with a warranted transmittance stability of at least one year.  Reference samples shall provide a uniform surface reading at four points with a variation not to exceed one percentage point as measured by a calibrated spectrophotometer over an indicated range within 560nm with a variance of no more than 20nm.  Reference samples shall be permanently labeled or inscribed with the manufacturer's name, address, and date of calibration.  Manufacturers shall ensure replacement reference samples are available to the consumer within two working days in the event of damage or breakage.

(l)  Photometric devices shall include an all segments display option for testing the unit's LCD display segments.  This test may be performed prior to each reading or through a separate test button.

(m)  Photometric units shall incorporate devices which shall protect the light source and detector from direct contact with environmental elements, dust, grease, and other products commonly associated with automotive repair shops.  These devices shall also prevent the user from directly touching either the light source or detector.

 

History Note:        Filed as a Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20-2; 20-39; 20-127; 20-183.6(a); 20-183.7(a);

Eff. February 1, 1996.

 

19A NCAC 03D .0553      PHOTOMETER COMPLIANCE

(a)  All devices used within the State of North Carolina to measure light transmittance through vehicle windshields or other windows shall as a minimum meet the requirements of Rule .0552 of this Section before being approved for use in enforcing state inspection laws and for law enforcement use throughout the state.

(b)  Manufacturers must submit units for independent laboratory testing to the Commissioner.

(c)  Fees for testing shall either be reimbursed to the Division of Motor Vehicles by the manufacturer or directly to the laboratory by the manufacturer as directed by the Commissioner.

 

History Note:        Filed as a Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20-2; 20-39; 20-127; 20-183.6(a); 20-183.7(a);

Eff. February 1, 1996.

 

SECTION .0600 ‑ WEIGHT OF VEHICLE AND REGISTRATION ENFORCEMENT

 

19A NCAC 03D .0601      VIOLATIONS OF WEIGHT: REGISTRATION OF FUEL TAX LAWS

When a vehicle is found to be in violation of the weight, registration, or fuel tax laws of North Carolina, a Citation and Notice of Assessment shall be issued to the owner of the vehicle by such officers and inspectors of the Division of Motor Vehicles as designated by the Commissioner who shall assess the mandatory penalty or license fees.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑45; 20‑50; 20‑64(a); 20‑72 through 20‑79; 20‑83; 20‑85 through 20‑88; 20‑88.1; 20‑96; 20‑116; 20‑118;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; February 1, 1982.

 

19A NCAC 03D .0602      COLLECTION OF ASSESSMENTS

(a)  A notice of an outstanding or unpaid assessment shall be mailed to the owner of the vehicle by the Division of Motor Vehicles, Enforcement Section Director after 10 days if the assessed taxes or penalties have not been paid.

(b)  If the assessment is not paid, the appropriate procedure(s) listed below is followed:

(1)           A warrant for Collection of Taxes or Penalties shall be filed with the sheriff of the appropriate county where the owner of the vehicle resides or owns real property.

(2)           A Garnishment for Taxes shall be served on the employer of the taxpayer or the bank where the taxpayer has an account.

(3)           A Certificate of Tax Liability shall be filed with the Clerk of Court of the county in which the taxpayer resides or owns real property.

(4)           A Reciprocity Suspension shall be mailed by the Division of Motor Vehicles to the owner of the vehicle for which an outstanding or unpaid assessment exists and a copy of this reciprocity suspension shall be filed with the appropriate department in the appropriate state or jurisdiction in which the taxpayer has vehicles registered.

(c)  When the assessment is paid, a Certificate of Satisfaction shall be filed with the Clerk of Court in the county where the Certificate of Tax Liability was filed.  When an assessment is paid where reciprocity has been suspended, the reciprocity shall be restored by notifying the owner of the vehicle by mail of the restoration of reciprocity and by notifying the proper authority in the appropriate state by mail.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑49; 20‑91.1; 20-96; 20‑99;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; February 1, 1982.

 

19A NCAC 03D .0603      WEIGHING VEHICLES WITH PORTABLE SCALES

 

History Note:        Authority G.S. 20‑1; 20‑118.1;

Eff. July 1, 1978;

Amended Eff. February 1, 1985; February 1, 1982; April 11, 1980;

Repealed Eff. November 1, 1991.

 

19A NCAC 03D .0604      RECIPROCITY AGREEMENTS

 

History Note:        Authority G.S. 20‑1; 20‑2; 20‑4.1 through 20‑4.12; 20‑39; 20‑84.2;

Eff. February 1, 1982;

Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

 

SECTION .0700 ‑ APPROVAL OF MOTOR VEHICLE SAFETY EQUIPMENT

 

19A NCAC 03D .0701      VEHICLE EQUIPMENT APPROVAL

(a)  The Enforcement Section is responsible for issuing certificates of approval for all motor vehicle safety equipment that requires the approval of the Commissioner of Motor Vehicles.

(b)  Anyone wishing to know if an item requires the commissioner's approval may contact the Enforcement Section, Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina for the information.

(c)  If the equipment requires the commissioner's approval, and an individual wishes to know if a particular brand name item is approved, he may also contact the Enforcement Section, Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina for a listing of approved manufacturers of this piece of safety equipment.

 

History Note:        Authority G.S. 20‑1; 20‑124(f),(h); 20‑125(a) through (c); 20‑125.1(a),(b); 20‑126(a) through (c); 20‑127(b); 20‑129(a) through (d),(f),(g); 20‑129.1(7),(8); 20‑130(a); 20‑131(a) through (d); 20‑135(c); 20‑135.1(a); 20‑135.2(a),(b); 20‑135.3; 20‑137.1(a);

Eff. February 1, 1982;

Amended Eff. January 1, 1994; November 1, 1991; August 1, 1982.

 

19A NCAC 03D .0702      INFORMATION FOR MANUFACTURER

 

History Note:        Authority G.S. 20‑1; 20‑124(f),(h); 20‑125(a) through (c); 20‑125.1(a),(b); 20‑126(a) through (c); 20‑127(b); 20‑129(a) through (d),(f),(g); 20‑129.1(7),(8); 20‑130(a); 20‑131(a) through (d); 20‑135(c); 20‑135.1(a); 20‑135.2(a); 20‑135.3;

Eff. February 1, 1982;

Amended Eff. November 1, 1991;

Repealed Eff. January 1, 1994.

 

19A NCAC 03D .0703      REQUIRED LIGHTING EQUIPMENT FOR HOUSE TRAILERS

Every house trailer, mobile home, modular home, or structural component thereof shall have two stop lamps, one on each side of the vertical centerline, at the same height and, as far apart as practicable; two tail lamps, one on each side of the vertical centerline, at the same height, and as far apart as practicable; and two red reflex reflectors, one on each side of the vertical centerline, at the same height, and as far apart as practicable; and two turn signal lamps, one on each side of the vertical centerline, at the same height, and as far apart as practicable while the vehicle is in intrastate transit.  The lighting equipment may be attached by means of a harness removable upon completion of transit.

 

History Note:        Authority G.S. 20‑1; 20‑129.2;

Eff. February 1, 1982;

Amended Eff. January 1, 1994; November 1, 1991.

 

19A NCAC 03D .0704      IDENTIFICATION DECAL

An owner of a privately registered vehicle who is issued an identification decal permitting a vehicle to enter a secured or private area, such as a military base, a place of employment, or a parking lot, may affix the decal to the interior surface of that vehicle's windshield provided that the decal does not exceed four inches in width and three inches in height and that it be placed in the lower right corner of the windshield as near as practical to the lower edge of the windshield with the right edge of the decal against the far right frame of the windshield.

 

History Note:        Authority G.S. 20‑127(a);

Eff. July 1, 1983.

 

section .0800 - SAFETY RULES AND REGULATIONS

 

19A NCAC 03D .0801      SAFETY OF OPERATION AND EQUIPMENT

 

History Note:        Authority G.S. 20-17.7; 20-21; 20‑37.22; 20-96; 20‑183.2(a); 20-381;

Eff. December 1, 1983;

Amended Eff. November 1, 1991; October 1, 1991;

Temporary Amendment Eff. February 1, 1992 for a Period of 180 Days to Expire on July 30, 1992;

Temporary Amendment Eff. March 30, 1992 for a Period of 180 Days to Expire on September 26, 1992;

Amended Eff. August 3, 1992; July 1, 1992;

Temporary Amendment Eff. December 1, 1999;

Amended Eff. August 1, 2002; April 1, 2001;

Temporary Amendment Eff. August 6, 2002;

Amended Eff. August 1, 2004;

Transferred and recodified to 14A NCAC 09J .0101 Eff. March 23, 2009.

 

19A NCAC 03D .0802      HAZARDOUS MATERIALS

 

History Note:        Authority G.S. 20-2; 20-381;

Eff. December 1, 1983;

Amended Eff. April 1, 2001; January 1, 1994;

Transferred and recodified to 14A NCAC 09J .0102 Eff. March 23, 2009.

 

Editor's Note:  19A NCAC 3D.0803 ‑ .0827 have been transferred and recodified to 19A NCAC 3E .0501 ‑ .0525 Eff. January 3, 1996.

 

SECTION .0900 ‑ APPROVAL OF SUN SCREENING DEVICES

 

19A NCAC 03D .0901      PURPOSE AND DEFINITIONS

This Section establishes rules for and provides information for sun screening devices.  The following definitions define terms used in this Section:

(1)           "Sun screening film" means products or materials designed to be used in conjunction with approved vehicle safety glazing materials for the purpose of reducing the effects of the sun.

(2)           "Luminous reflectance" and "light transmittance" as referred to in these Rules are in the visible light range.

(3)           "Reflectance" means the ratio of the amount of total light, expressed in percentages, which is reflected outward by the device to the amount of total light falling on the device.

(4)           "Transmittance" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the device including the glazing to the amount of total light falling on the device and the glazing.

(5)           "Manufacturer" means any person engaged in the manufacturing or assembling of sun screening devices designed to be used in conjunction with vehicle glazing materials.

 

History Note:        Authority G.S. 20‑39; 20‑127;

Eff. January 1, 1988;

Amended Eff. January 1, 1994.

 

19A NCAC 03D .0902      TESTING AND CERTIFICATION

(a)  Each manufacturer prior to offering for sale tinted sun-screening film to be installed on a motor vehicle shall demonstrate compliance with the applicable requirements of this Rule.  Test specimens of the sun-screening film shall be tested in conjunction with the glazing material of intended use.  The necessary tests shall be conducted by or supervised by a laboratory approved by the Commissioner.

(b)  Testing of the sun-screening film shall be in accordance with the applicable provisions of American National Standards Institute (ANSI) Z26.1-1983; ANSI/ASTM E308-73; ANSI/ASTM E179-73; and ANSI/ASTM C523-68, which are hereby incorporated by reference including all future editions and amendments.

(c)  Each manufacturer prior to offering for sale tinted sun-screening film to be installed shall certify to the Commissioner that the sun-screening film is in compliance with the transmittance and reflectivity requirements of G.S. 20-127.

 

History Note:        Authority G.S. 20‑39; 20‑127;

Eff. January 1, 1988;

Amended Eff. January 1, 1994.

 

19A NCAC 03D .0903      APPLICATION FEE

Each manufacturer applying for approval of a sun screening device shall be registered with the Equipment Approval Unit of the Division of Motor Vehicles.  Testing procedures and results shall be accompanied by the certification referred to in Rule .0902(c) and a fee of twenty‑five dollars ($25.00) in order to review the application materials.

 

History Note:        Authority G.S. 20‑39; 20‑127;

Eff. January 1, 1988.

 

19A NCAC 03D .0904      APPROVAL AND LABELING OF DEVICES

(a)  No devices manufactured with a luminous reflectance of more than 20 percent or a light transmittance of less than 50 percent will be approved for use on vehicles registered in this State.

(b)  After approval of the device by the commissioner, each manufacturer shall provide an approved label with a means for permanent and legible installation between the device and each glazing surface to which it is applied.  Each label shall contain the following information:

(1)           The name and address of the manufacturer;

(2)           The registration number assigned to the device by the Division; and

(3)           The words, "complies with G.S. 20‑127".

(c)  Each manufacturer shall include instructions with the device for proper installation, including the affixing of the label specified in Paragraph (b).  The label shall be placed as required by G.S. 20‑127(d).

 

History Note:        Authority G.S. 20‑39; 20‑127;

Eff. January 1, 1988;

Amended Eff. November 1, 1988.